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.
![232court-min](https://www.ludwigvandam.nl/wp-content/uploads/2020/12/232court-min.jpg)
Other messages
Supermarket letter – 8
Incorrect prognosis from Albert Heijn to ex-C1000 franchisee
Urgent interest in summary proceedings
In the event of legal disputes, it is possible to request the court to take provisional measures by means of summary proceedings.
Suspension of the fee by the franchisee is not in itself an automatic ground for suspension of goods deliveries by the franchisor
The court in Assen recently ruled that a franchisor had wrongly suspended the deliveries of goods.
Codification or self-regulation in the franchising sector
Codification or self-regulation in the franchising sector
Tenancy law and franchise: approval of deviating terms in the tenancy agreement, despite material infringement and the lack of an equal social position between the tenant and landlord
Tenancy law and franchise: approval of deviating clauses in the lease.
Business transfer franchisee: franchisor properly facilitates franchisee in settlement
On November 12, 2014, the District Court of Rotterdam ruled in a case between the franchisor and the franchisee about the lawfulness of the termination of the franchise agreement.