Draft bill on franchising
A law is being drafted for the franchising industry to improve relations between franchisors and franchisees. The proposal has now been announced, fresh off the press. With this, State Secretary Mona Keijzer of Economic Affairs and Climate Policy and Minister Sander Dekker for Legal Protection are implementing the agreements from the coalition agreement and the government’s wish to introduce legislation that should better protect the franchisee in the future. For example, the bill limits the franchisor’s ability to unilaterally change contracts.
The draft bill that the Ministry of Economic Affairs and Climate Policy has drawn up with the Ministry of Justice and Security will enter internet consultation on 12 December 2018 for a period of seven weeks. See: https://www.internetconsultatie.nl/wet_franchise
If you have any questions about this, or would like to exchange ideas, we would like to hear from you.
We would like to keep you informed of developments via our website, but also through our newsletters.
mr. AW Dolphijn – franchise lawyer Ludwig & Van Dam Franchise attorneys, franchise legal advice.
Do you want to respond? Go to dolphijn@ludwigvandam.nl
Other messages
Supreme Court confirms permit sale of franchisee outside exclusive district
Franchisee acquires and sells outside its territory, in territories not yet issued to other franchisees.
The further determination of the rental price of business premises at the request of the lessor/franchisor or the lessee/franchisee
Does the (sub)tenant/franchisee still pay a competitive rent for the leased business space?
Partial indebtedness of entrance fees due to lack of turnover and non-delivery of contractual performance by the franchisor
The franchisee rightly invokes unforeseen circumstances due to the lack of turnover and successfully claims moderation of the entrance fee due.
Termination of the franchise agreement does not automatically lead to termination of the sublease agreement
Franchisor terminated the franchise agreement with the franchisee. The franchise agreement stipulated that termination of the franchise agreement would also terminate the sublease agreement
Despite the franchisee’s counterclaim, the franchisor justified dissolution of the franchise contract
The Rotterdam court recently ruled that payment arrears of more than € 80,000 is sufficient for the franchisor to dissolve the franchise agreement.
Actually using a building, but without a lease
In franchising, it often happens that the business premises from which the franchisee operates his business