DFA Franchise theme meeting
Franchise theme meeting
Date : November 19, 2015
Time of day : 3:30 pm
Location : Hotel New York
Address : Koninginnenhoofd 1, 3072 AD Rotterdam
Agenda:
3:15 pm – Reception
15:30 – 16:00 – Introduction and explanation of the usefulness and necessity of and the process followed so far with regard to the consultation version of the Dutch Franchise Code (NFC), by: Derk van Dam, lawyer and partner at Ludwig & From dam
16:00 – 16:30 – The content of the NFC, by: Tessa de Mönnink, lawyer and partner at De Grave De Mönnink Spliet Advocaten
4:30 – 5:30 pm – Debate about the NFC chaired by Derk van Dam and Tessa de Mönnink, Propositions: (1) a franchise code is not necessary (2) the current NFC is unusable in practice (3) a franchise code deserves the preference over legislation (4) with the current NFC there is a danger that franchises will die out in the Netherlands (5) the interests of franchisees deserve more protection than hitherto (6) why invent the wheel yourself and not look at neighboring countries?
From 5:30 pm – Drinks
You can register via the DFA website: http://www.vereniging-dfa.nl/agenda-vereniging-dfa/?event_id=24
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.