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.

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Amsterdam Court of Appeal restricts franchisor’s appeal to non-competition – dated July 6, 2020 – mr. T. Meijer

On 30 June 20202, the Amsterdam Court of Appeal ruled that a franchisor is not entitled to an (unlimited) appeal to a contractual non-competition clause.

Article Franchise+ – “Immediate information obligations of franchisors upon operation of the Franchise Act” – mr. AW Dolphijn – dated June 25, 2020

As soon as the Franchise Act enters into force, this will have an immediate effect on franchise agreements that already exist. The question is whether the information flows are set up optimally from a legal point of view.

By Alex Dolphijn|25-06-2020|Categories: Statements & current affairs|
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