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
Pronunciation not necessarily bad for C1000
Pronunciation not necessarily bad for C1000
No inspection of Association C1000 in documents C1000 acquisition.
The Court in preliminary relief proceedings has ruled on the question whether the C1000 franchisees have the right to know what agreements have been made about their fate.
What to do with your local competition
Of course, it is always annoying for the operator of a snack bar, for example, when a competitor joins.
Supermarket letter – 6
No inspection of Association C1000 in documents C1000 acquisition
mr. Th.R. Ludwig teaches a master class franchise course for NFV on September 16, 2014
On September 16, Mr. Ludwig discuss various legal aspects involved in franchise relationships during a course organized by the NFV.
Formido franchisee stumbles over burden of proof in prognosis case
Formido franchisee stumbles over burden of proof in prognosis case