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
Franchising as urgent personal use
In a judgment dated 18 November 2014, the Court of Appeal in Den Bosch considered, among other things, whether a lessor may terminate the lease of business premises due to urgent personal use.
Can exclusion of error in forecasting benefit the franchisor?
Franchisors are often accused of failing before and when concluding a franchise agreement
Mistake about prognosis, annulment of non-compete clause?
Mistake about prognosis, annulment of non-compete clause?
Chapter in book NFV about import and export of franchise formulas, written by mr. Th.R. Ludwig
Chapter in book NFV about import and export of franchise formulas, written by mr. Th.R. Ludwig
PVV motions to improve the position of franchisees
PVV motions to improve the position of franchisees
Changes at Albert Heijn’s hard franchise formula
Changes at Albert Heijn's 'hard franchise' formula