Facts
In this case, company X. SA hired [A.] as a personnel consultant. The employment contract included a non-competition clause. In April 2004, the relationship between the parties deteriorated, and [A.] resigned. Subsequently, [A.] worked for a competitor of X. SA.
X. SA then requested the court of first instance of the Canton of Geneva, as a provisional measure, to prohibit [A.] from engaging in competitive activities. The court rejected this request, but the Court of Justice of the Canton of Geneva subsequently upheld X. SA's appeal and ordered [A.] to cease his competitive activity.
[A.] then filed a public law appeal to the Federal Tribunal.
Considerations
According to case law, it is cantonal law that determines whether and under what conditions the employer can be protected by means of provisional measures. The prohibition of competition has the combined characteristics of interim and provisional enforcement measures.
For a prohibition of competition to be ordered as a provisional measure, a number of formal and substantive conditions must be met. In…