Are No Hiring and No Poaching Agreements Enforceable in Germany?

By Bettina Holzberger on December 17, 2014

No poaching agreements between leading companies in the IT sector have recently caused a substantial scandal in Silicon Valley, California, resulting in tech industry businesses settling a major lawsuit by paying a reported US$324 million. Such agreements can be found all over the world; but are they enforceable in Germany?

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Tags: Bundesgerichtshof, German Commercial Code, Highest German Civil Court, no hiring agreement, no poaching agreement

Bettina Holzberger
Bettina Holzberger focuses her practice on labor and employment law. Her practice covers cross-border transaction work as well as traditional labor and employment matters. In the area of labor and employment law, she advises clients, inter alia, on the drafting of a broad range of contracts (including traditional employment contracts as well as bonus plans, service agreements for directors and officers, and termination and assignment agreements for employees as well as executives), often in an international context that requires coordinating the advice of foreign counsel. Read Bettina Holzberger's full bio.

Are No Hiring and No Poaching Agreements Enforceable in Germany?

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