Interview Franchise+ – mrs. J. Sterk and AW Dolphijn – “Reversal of burden of proof in forecasts approved by court” – February 2018
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
Stone in the pond in forecasting issues
As of July 1, 2016, an important amendment to the law came into force.
Supermarket letter – 15
Radical turnaround in forecasting problems.
Statutory anchoring of duty of care in prognostic problems
Statutory anchoring of duty of care in prognostic problems
Supermarket letter – 14
Prohibition of the establishment of other supermarkets legally valid
Acting at the start determines the outcome of a dispute between franchisor and franchisee
Acting at the start determines the outcome of a dispute between franchisor and franchisee
Banned for supermarkets
Banned for supermarkets