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
Other messages
Bankrupt because the franchisor refused to sell the franchise company – dated January 28, 2020 – mr. AW Dolphin
The District Court of The Hague has dealt with a request from a franchisor to declare a franchisee bankrupt.
Prescribed shop fitting – dated January 28, 2020 – mr. AW Dolphin
The Midden-Nederland District Court has ruled on whether a franchisee is obliged to carry the shop fittings prescribed by the franchisor.
Ludwig & Van Dam attorneys summon Sandd and PostNL on behalf of the Sandd franchisees – dated 9 January 2020 – mr. AW Dolphin
The Association of Franchisees of Sandd (VFS) has today summoned Sandd and PostNL before the court in Arnhem. The VFS believes that Sandd and PostNL are letting the franchisees down hard.
Article The National Franchise Guide: “Why joint and several liability, for example, next to private?” – dated 7 January 2020 – mr. AW Dolphin
Franchisees are often asked to co-sign the franchise agreement in addition to their franchise, for example. Sometimes franchisees refuse to do so and the franchise agreement is not signed.
Ludwig & Van Dam Advocaten assists Sandd franchisees: Franchisees Sandd challenge postal monopoly in court – dated 12 November 2019 – mr. AW Dolphin
The Association of Franchisees of Sandd (VFS) is challenging the decision of State Secretary Mona Keijzer to approve the postal merger between PostNL and Sandd before the court in Rotterdam.
Franchisee trapped by non-compete clause? – dated October 21, 2019 – mr. AW Dolphin
The District Court of East Brabant has ruled that a franchisee was still bound by the non-competition clause in the event of premature termination of the franchise agreement.