Franchisor prohibits opening (franchise) company
A franchisor applied for interim measures to prohibit a franchisee from opening a franchisee’s business. See Court of the Northern Netherlands 26 June 2018, ECLI:NL:RBNNE:2018:2428. The franchisor believed that the franchisee had wrongly failed to consult with the franchisor before opening the business, to which the franchisee had invited 80 to 100 people.
The preliminary relief judge rules that the franchisee is in breach of contract by deliberately planning the opening of the company outside the franchise agreement without referring to the franchisor, while it has been established that the company was set up thanks to the franchise agreement. Moreover, it has been established that the franchisor and franchisee had precisely agreed that the opening of the company would take place in joint consultation. The preliminary relief judge prohibits the official opening of the company planned by the franchisee, despite the fact that the invitations had already been sent and the planning had already been established.
mr. AW Dolphijn – franchise lawyer
Ludwig & Van Dam Franchise attorneys, franchise legal advice. Do you want to respond? Go to dolphijn@ludwigvandam.nl .
![221open-min](https://www.ludwigvandam.nl/wp-content/uploads/2020/12/221open-min.jpg)
Other messages
Article De Nationale Franchise Gids: “Non-compete clause: ‘the devil is in the details'” – mr. C. Damen – dated April 2, 2021
In a judgment of 20 January 2021, the Rotterdam court ...
Article Franchise+: “The importance of know-how in the context of a non-compete and non-solicitation clause” – mr. K. Bastiaans – dated March 10, 2021
In its judgment of 24 February 2010, the provisional relief ...
Article De Nationale Franchise Gids: “The Franchise Act: what should I do with it?” – mr. DL van Dam – dated March 9, 2021
It has of course not escaped the attention of most ...
Vacancy: Lawyer employee and a Lawyer trainee
Ludwig & Van Dam Advocaten is a law firm that ...
No non-compete violation by franchisee – mr. AW Dolphijn – dated February 4, 2021
On 20 January 2021, the District Court of Rotterdam, ECLI:NL:RBROT:2021:657, ...
(Partially) similar activities not in conflict with non-compete clause – mr. RCWL Albers – dated February 4, 2021
In recent proceedings, two (former) franchisees were sued by their ...