Article in Entrance: “Franchising”

By Published On: 01-05-2018Categories: Franchise Agreements, Statements & current affairsTags:

FRANCHISING 

Franchising offers great opportunities, but the practice is unruly. Quarrels between the giver and taker are the rule rather than the exception. How do you avoid misery? Control is good, but trust is better. 

A lawyer, De Prael and Wok& speaking.

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Goodwill at end of franchise agreement

In a case before the Amsterdam Court of Appeal on 26 September 2017, ECLI:NL:GHAMS:2017:3900 (Seal & Go), a franchisee claimed compensation for goodwill (ex Article 7:308 of the Dutch Civil Code) after the

Cost price that is too high as a hidden franchise fee

An interlocutory judgment of the District Court of The Hague dated 30 August 2017, ECLI:NL:RBDHA:2017:10597 (Happy Nurse) shows that the court has considered the question whether the

Damage estimate after wrongful termination of the franchise agreement by the franchisor

In a judgment of the Supreme Court of 15 September 2017, ECLI:NL:HR:2017:2372 (Franchisee/Coop), it was discussed that supermarket organization Coop had not complied with agreements, as a result of which the franchisee

Franchisor is obliged to extend the franchise agreement

On 6 September 2017, the Rotterdam District Court ruled, ECLI:NL:RBROT:2017:6975 (Misty / Bram Ladage), that the refusal to extend a franchise agreement by a franchisor

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