Dienst- und gesellschaftsvertragliche nachvertragliche Wettbewerbsverbote für Gesellschafter-Ge

The requirements for the permissible design of a post-contractual non-compete clause for members of the management board of a GmbH (limited liability company) are unclear. To reduce these uncertainties, the author examines the doctrinal backgrounds of the relevant examination standards, criteria, and specifically derived permissibility limits. The focus of the investigation is on the person of the shareholder-managing director of a GmbH, as well as on the permissible maximum duration and the question of the necessity of a non-compete compensation. The civil and constitutional principles identified by the author are applied to the subject of investigation, leading to concrete guidelines for the maximum duration and the necessity of non-compete compensation.