Categories: Insights, Publications · News, Publications

Tag: Patto di non concorrenza


7 Sep 2021

Non-competition agreement: the payment is valid even if paid during employment (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 7 September 2021 – Alberto De Luca, Roberta Padula)

The Court of Cassation, with order no. 23418 of 25 August 2021, returned to deal with the subject of requirements for validity of non-competition agreements. The Court’s ruling is based on appeal lodged by a bank manager who (among other claims submitted) had challenged a signed non-competition agreement, considering it vitiated, since the payment was paid during employment and was random and at any rate inconsistent, thus amounting to a violation of the requirement cited in art. 2125 of the Italian Civil Code. In the case in question, the non-competition agreement included the manager’s commitment not to perform, in certain regions of north and central Italy, similar activities or duties as those performed for the Bank for the duration of three months, for a payment equal to 10,000 euro per annum, to pay annually together with the monthly salary.

The Court of Milan, asked to rule on the merits, had acknowledged and declared the nullity of the non-competition agreement, and with that releasing the manager from payment of the penalties for breaching it, however sentencing the plaintiff to return the sum received as payment. During the next challenge of the ruling, the Milan Court of Appeals, overturned the decision of the lower court on the point, declaring the non-competition agreement valid holding that no irregularity existed (in terms of randomness or inconsistency) regarding the quantification of the payment that, on the contrary could, according to the Court, be validly paid during employment along with remuneration. Objecting to the higher court’s ruling, the manager lodged an appeal with the Court of Cassation.

Continue reading the full version published in Norme & Tributi Plus Diritto of Il Sole 24 Ore.

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

8 Jul 2026

Pay transparency: one month after its entry into force, two approaches are emerging in the market (The Platform, 8 July 2026 – Vittorio De Luca, Claudia Cerbone e Martina De Angeli)

Since 7 June, EU rules aimed at strengthening the principle of equal pay between men and women for the same work or for work of equal value have…

2 Jul 2026

Did you know…? As of 7 June 2026, Legislative Decree No. 96/2026 is fully in force

As of 7 June 2026, Legislative Decree No. 96/2026 is fully in force. It also introduces into the Italian legal system a structured framework on pay transparency, with…

2 Jul 2026

Failure to serve disciplinary charges does not render the dismissal null and void: italian supreme court confirms no reinstatement remedy for employers below the statutory workforce threshold

Principle of Law In its recent judgment No. 17283 of 1 June 2026, the Italian Supreme Court (Corte di Cassazione) examined the legal consequences arising from the employer's…

2 Jul 2026

AI and the employment relationship: initial guidance from the implementing decrees and data protection implications

Following the preliminary approval by the Council of Ministers, on 10 June 2026, of the first draft legislative decrees implementing the enabling law on artificial intelligence (Law No.…

1 Jul 2026

Sustainability, Responsibility, and the Future: A Commitment That Grows with Time

As we celebrate our 50th anniversary, we have chosen to look to the future with the same care and dedication with which we preserve our roots. Those roots…

25 Jun 2026

Pay Equity and Pay Transparency: What Will Change in Italy (People are People, 25 June 2026 – Claudia Cerbone e Martina De Angeli)

With Legislative Decree No. 96 of 7 May 2026, which entered into force on 7 June 2026, Italy transposed Directive (EU) 2023/970 on pay transparency, becoming one of…