Interview Franchise+ – mrs. J. Sterk and AW Dolphijn – “Reversal burden of proof in forecasts honored by court”
The new Acquisition Fraud Act indeed appears to be relevant for the franchise industry, according to this article from Franchise+. Alex Dolphijn of Ludwig & Van Dam represents a franchisee in legal proceedings in which the franchisor has been convicted for the first time under the Acquisition Fraud Act. The court states that the franchisor must be able to demonstrate afterwards that the prognosis is correct. The position of franchisees has been greatly strengthened by this ruling. To be able to prove that a franchisor has its affairs in order, the franchisor must come from a good family, explain franchise attorneys Jeroen Sterk and Alex Dolphijn of Ludwig & Van Dam.
Other messages
Termination of the franchise agreement due to the introduction of the Franchise Act
On 28 February 2023, the Court of Appeal of 's-Hertogenbosch, ...
The penalty clause in the franchise agreement
They appear in almost every franchise agreement: penalty clauses. ...
The franchisee as the weaker party
Is the relationship between a supplier and a distributor similar ...
Happy New Year with no franchise agreement
“Happy New Year with No Franchise Agreement” On December ...
Dismantling of a franchise formula; franchisor Yarden again sanctioned with tenfold penalty payments
Franchisor Yarden continues to phase out the formula. It does ...
Imposing a formula change without a budget is not allowed
In a judgment of the District Court of Amsterdam, 2 ...