The Federal Court of Justice has dismissed a non-admission complaint from the Göttingen IT service provider Sycor in the proceedings against the competitor Arineo. The BGH thus confirmed “that Arineo managing director Dr. Marko Weinrich, formerly a member of the Sycor management, was legally allowed to work for competitors and thus also for Arineo after his departure there,” Arineo announced. The IT companies Sycor and Arineo are facing each other in several legal proceedings. It is primarily about the founding of Arineo by former Sycor employees and the subsequent change of numerous employees from one company to another (ChannelPartner reported).
“I behaved correctly from the start,” explains Weinrich. This has now also been confirmed by the Federal Court of Justice. “This allows us to use one of the many procedures between the Sycor GmbH or Hans Georg Näder and we cross off the list and are optimistic that the others will also decide for us “, explains Arineo. At the request of ChannelPartner, Sycor has not yet issued an opinion on the BGH decision.
The proceedings now decided by the BGH between Sycor and Marko Weinrich, one of the Arineo managing directors, dealt with a supposedly existing, contractually agreed non-competition clause. After that, Weinrich would not have been allowed to work for other companies after leaving Sycor GmbH. The Göttingen regional court ruled in favor of Weinrich in the corresponding court proceedings in early summer 2019. “Only after the court decision did he become a member of the Arineo management team in July 2019,” the company announced.
After Sycor appealed against this decision, the Braunschweig Higher Regional Court confirmed the first instance judgment and also ruled that an appeal in the next instance would not be permitted. Sycor took action against this with a so-called non-admission complaint to the BGH. This has now been rejected. This means that all legal remedies have been exhausted in the proceedings.
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