Column Franchise+ – mr. Th.R. Ludwig: “Judge: franchisor’s duty of care comparable to that of a bank”
Various judgments in 2016 made it clear how high the standard of care for a franchisor towards its franchisees is.
In one of the relevant issues, the franchisees purchased from the franchisor, who in turn purchased the inventory from various suppliers, which was then delivered to the franchisees. The franchisor therefore pre-financed through these purchasing costs. This situation is very similar to direct supply by the franchisor in its capacity as supplier.
Other messages
The concept of the Dutch Franchise Code is bad for supermarket franchisees
The Dutch Franchise Code concept bad for supermarket franchisees;
Supermarket letter – 11
The concept of the Dutch Franchise Code is bad for supermarket franchisees
Suspension post non-competition clause in Bruna franchise agreement
On 25 September 2015, the preliminary relief judge of the Utrecht District Court suspended the post-non-compete clause in a Bruna franchise agreement.
Legal qualification of cooperation
Legal qualification of cooperation
Central website (and/or central telephone number), an infringement of an exclusive catchment area?
Several franchise agreements have not properly considered the central acquisition of customers via the Internet, in combination with the geographic exclusive territories of the franchisees.
The forced alternative franchise formula (Kippersluis/Jumbo)
The Den Bosch Court of Appeal ruled on the issue of a franchisee, referred to as Kippersluis, against Super de Boer (now Jumbo).