Collection point requires shopping destination
In my supermarket newsletter of July 11, 2013, I already predicted that the establishment of collection points for goods ordered via the internet would set the judicial pens in motion. Partly in view of the lack of clarity as to whether or not such collection points require a retail destination. Well, the District Court of East Brabant has now ruled on this on March 14, 2014. The issue concerns a collection point for bicycles ordered via the internet. These bicycles could be collected from the wholesaler and collection is only a very limited part of the total wholesale activities. Nevertheless, the court is of the opinion that the actual supply of these goods should be regarded as a retail activity. This is particularly an interesting statement because such pick-up points are popping up like mushrooms. In any case, with this ruling in hand, it can be argued that a solitarily established pick-up point is not possible without the zoning plan providing for a retail destination at that location. In the fact that payment is made in advance via the internet and the actual transaction has thus already taken place via the internet, the court sees no reason to come to a different conclusion. Obviously, what is and what is not possible at a certain location must be assessed on the basis of the current zoning plan for that location. However, the line in the case law that is emerging is clear. Those franchisees who feel competition from their own franchisor who establishes such collection points thus have a good instrument to defend themselves against, even if this competition takes place outside the exclusive area. Finally, the court confirms that the entrepreneur who faces direct competition from this may be regarded as an interested party in the context of administrative law and can therefore request enforcement of such prohibited activities. It shows once again that franchisors in the food sector should ensure that such collection points are to be regarded as an integral part of the formula.
Mr. J. Strong – Franchise attorney
Ludwig & Van Dam Franchise attorneys, franchise legal advice. Do you want to respond? Mail to Sterk@ludwigvandam.nl
Other messages
Does a franchisee have to accept a new model franchise agreement?
On 31 March 2017, the District Court of Rotterdam, ECLI:NL:RBROT:2017:2457, ruled in interlocutory proceedings on the question whether franchisor Bram Ladage had complied with the franchise agreement with its franchisee.
Mandatory (market-based) purchase prices for franchisees
To what extent can a franchisor change agreements about the (market) purchase prices of the goods that the franchisees are obliged to purchase?
Director’s liability of a franchisee after failing to rely on an unsound prognosis.
On 11 July 2017, the Court of Appeal of 's-Hertogenbosch made a decision on whether the franchisor could successfully sue the director of a BV for non-compliance with the
Liability accountant for prepared prognosis?
In a judgment of the Court of Appeal of 's-Hertogenbosch of 11 July 2017, ECLI:NL:GHSHE:2017:3153, it was discussed that franchisees accused the franchisor's accountant of being liable
How far does the bank’s duty of care extend?
Some time ago the question was raised in case law what the position of the bank is in the triangular relationship franchisor – bank – franchisee.
Burden of proof reversal in forecasting as misleading advertising?
In an interlocutory judgment of 15 June 2017, the District Court of Zeeland-West-Brabant, ECLI:NL:RBZWB:2017:3833, ruled on a claim for (among other things) suspension of the non-compete clause.