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
Franchisee circumvents non-competition clause through partner – mr. RCWL Albers – dated February 24, 2022
In a recent case, a graphics services franchisor attempted to ...
Article De Nationale Franchise Gids: “Changing the franchise formula is possible” – mr. T. Meijer – dated February 8, 2022
Many franchise formulas are constantly evolving. The adage 'to stand ...
Corona justifies halving the franchise fee – mr. RCWL Albers – dated February 1, 2022
In a recent ruling by the Amsterdam Court of Appeal, ...
Can a franchisor increase the interim franchise fee and change the formula? – mr. AW Dolphijn – dated January 21, 2022
A franchisor must be able to adjust the franchise formula ...
Franchise agreement with free PLUS entrepreneur canceled – mr. AW Dolphijn – dated January 19, 2022
It is not often that a supermarket organization terminates an ...
Article De Nationale Franchise Gids: “Franchisee exclusively bound by a non-compete clause as a private company” – mr. M. Munnik – dated January 11, 2022
On December 22, 2021, the Rotterdam District Court issued an ...