Court rules that corona crisis does not constitute force majeure – dated April 10, 2020 – mr. AW Dolphin
If payment cannot be made due to the loss of income, then
there is not always a force majeure situation. The Court of Den Bosch 23
March 2020 (ECLI:NL:RBOBR:2020:1763) ruled that a tenant cannot appeal
to force majeure because of the corona crisis, because from the
commencement of the lease and therefore before the corona crisis
late payment of rent. The backlog was possible with the corona crisis
not be logged in. The lessor claimed the entire arrears,
plus fines for late payment. The court held as follows:
“As far as[gedaagden] intended to appeal with their defence
financial inability or inability to pay, the inability to pay,
no matter how annoying[gedaagden] , in the risk sphere of[gedaagden] is
and not release them from their payment obligations under the
lease agreement[eisers] dismisses. The subdistrict court judge signs this
indicates that it is already too late from the start of the rental agreement
payments through[gedaagden] , while there was no corona at that time
crisis.”
The court rules that the claimed entire rent arrears and fine
will have to be paid.
Perhaps the judgment would have been different if there had been no question at all
was from a late payment prior to the corona crisis and the
payment arrears are wholly and exclusively attributable to the
corona crisis.
mr. AW Dolphijn – franchise lawyer
Ludwig & Van Dam Franchise attorneys, franchise legal advice. Want
you respond? Go to dolphijn@ludwigvandam.nl
![232court-min](https://www.ludwigvandam.nl/wp-content/uploads/2020/12/232court-min.jpg)
Other messages
The Real Intentions of the Parties to a Franchise Agreement – Mr. C. Damen – dated November 23, 2020
What really was the idea of the parties when they concluded a franchise agreement?
Circumventing the prohibition of competition in the franchise agreement – mr. AW Dolphijn – dated November 10, 2020
A non-competition clause in a franchise agreement is often experienced as objectionable by franchisees, especially if the non-competition clause also applies after the franchise agreement has expired.
Article Franchise+ – “How do I get rid of my debts: Also for franchisees and franchisors” – mr. AW Dolphijn – dated October 20, 2020
A reorganization may also be necessary for franchisees and franchisors who are in financial difficulties in order to continue to exist.
Article De Nationale Franchise Gids: “Reinvestment obligation for franchisees has limits” – dated October 13, 2020 – mr. RCWL Albers
In practice, it often happens that franchisors choose to renew their franchise formula and the appropriate image
Judge anticipates Franchise Act: no mandatory formula change (without threshold value)
The District Court of Amsterdam ruled that a Blokker franchisee is not obliged to renovate the store in accordance with the latest formula principles, as instructed by Blokker.
Interview Mr. J. Sterk and mr. C. Rutten in Franchise+: “Call to the automotive sector: prepare yourself well for the new Franchise Act” dated October 2, 2020
The new Franchise Act has a broad effect, also in the automotive sector. But are people aware of it enough?