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
Article in Entrance: “New owner”
“The catering company where I work has been taken over. The new owner now says that I no longer have to work for him, but can he refuse me as an employee?”
Directors’ liability in the settlement of a franchise agreement
Privately, can the director of a franchisee legal entity be liable to the franchisor if the franchisee legal entity wrongfully fails to provide business to the franchisor?
Column Franchise + – mr. Th.R. Ludwig: “Towards strict liability”
The Supreme Court recently ruled in a prognosis issue.
Article in Entrance: “Rentals”
“The landlord increased the prices of the property every year, but he hasn't done this for 2 years, maybe he forgets. Can he still claim an overdue amount later?”
No valid appeal to non-compete clause in franchising
On 28 February 2017, ECLI:NL:RBGEL:2017:1469, the provisional relief judge of the District Court of Gelderland ruled on whether a franchisee could be bound by a non-compete clause.
Structurally unsound revenue forecasts from the franchisor
On 15 March 2017, the District Court of Limburg ruled in eight similar judgments (including ECLI:NL:RBLIM:2017:2344) on the franchise agreements of various franchisees of the P3 franchise formula.