A closer look at the intention to introduce franchising legislation

By Published On: 28-05-2018Categories: Franchise Agreements, Statements & current affairsTags:

On May 23rd, State Secretary Mona Keijzer informed the House of Representatives about the imminent franchise legislation. The National Franchise Guide previously published this article.
From a democratic perspective, it is a good thing that the choice has now been made to introduce formal legislation instead of an order in council. With this, the franchise relationship seems to be moving from the unnamed to the agreements named in law. That choice alone has legal consequences in the case of mixed agreements. The named agreement will take precedence from now on.

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Structurally unsound revenue forecasts from the franchisor

On 15 March 2017, the District Court of Limburg ruled in eight similar judgments (including ECLI:NL:RBLIM:2017:2344) on the franchise agreements of various franchisees of the P3 franchise formula.

Franchisee obliged to cooperate with formula change?

On 24 March 2017, ECLI:NL:RBAMS:2017:1860, the preliminary relief judge of the Amsterdam District Court once again considered the issue in which Intertoys wishes to convert Bart Smit's stores

Delivery stop by franchisor not allowed

On 9 February 2017, the preliminary relief judge of the District Court of Gelderland, ECLI:NL:RBGEL:2017:1372, ruled that a franchisor had not fulfilled its obligation to supply the franchisee

Alex Dolphijn in the Financial Dagblad about the judgment of the Supreme Court regarding Street-One

Franchisors more liable for incorrect forecasts Franchisees can now more easily hold their parent organization liable for incorrect profit and turnover forecasts.

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