(Appeal number 3,647/2007): In this case, the employer included a post-contractual non-compete clause in the employment contracts of several employees, which included as a sub-clause the possibility of waiving the entire clause at any time. Subsequently, using that sub-clause, the employer unilaterally waived the non-compete provisions.
The SC stated that this kind of agreement gives rise to a bilateral and reciprocal obligation, for which compliance is not discretional for either party. To the extent that the unilateral employer's stance was contrary to the principle of legal bilateral transactions, the SC declared this sub-clause null and void.
