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
Use of the internet and social media: court expands options for franchisees
In principle, the franchisee may not be prohibited from having its own website in order to also or even exclusively sell its products or services via the Internet.
Article in Entrance: “Plan damage”
“Because the municipality undertakes and renovates all sorts of things in the vicinity of my business, I have a disadvantage and I suffer damage. Can I tell those stories?"
Article in Entrance: “Rules of Fragrance”
“I am bothered by the smell that the adjacent catering business produces. Can I do something about this?"
Supermarket letter – 16
1. Buy/Sell Albert Heijn Franchise
Buy/sell Albert Heijn franchise company
A judgment of 28 July 2016 by the Central Netherlands District Court, ECLI:NL:RBMNE:2016:6138, concerned the sale of shares in two companies in which an Albert Heijn supermarket
Tax fraud among 45% of Super de Boer franchisees
Tax fraud among 45% of Super de Boer franchisees