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
Termination of franchise agreement in case of changes in leased retail space – September 27, 2019 – mr. AW Dolphin
Termination of a franchise agreement in light of a substantial change in the leased retail space.
Article De Nationale Franchisegids: “Distribution of (potential) customers prohibited?” – September 17, 2019 – mr. AW Dolphin
Within many franchise organizations, agreements are made about the recruitment of (potential) customers in a certain area.
District protection no protection against termination due to urgent own use – dated September 17, 2019 – mr. AW Dolphin
As a landlord, can the franchisor terminate the lease for urgent own use, in the sense of district protection, while this would be excluded on the basis of the franchise agreement.
Unreasonable compensation at the end of the franchise agreement – dated September 17, 2019 – mr. AW Dolphin
Some franchise agreements stipulate that the franchisee always owes the franchisor a minimum of a certain amount of costs upon termination of the franchise agreement.
Legal Franchise Statistics 2019: slight decrease in number of franchise disputes
In 2018, 44 judgments were published on Rechtspraak.nl, 12 of which were appeal cases and one in cassation (a prognosis issue against Albert Heijn).
Article De Nationale Franchisegids: “Judge again rules in favor of Domino’s franchisees” – dated September 3, 2019 – mr. RCWL Albers
At the beginning of 2018, almost all franchisees of Domino's and the Association of Domino's Pizza Franchisees submitted two issues to the court in Rotterdam.