Jurisdiction of the subdistrict court in cases of misrepresentation
Court of Arnhem
The assessment of disputes about a (sub)lease agreement is assigned by law to the specialist sub-district court, while disputes about a franchise agreement are, in principle, assessed by the ‘normal’ (civil) court. In franchising, it is very common that, in addition to the conclusion of a franchise agreement, a (sub)lease agreement is also concluded between the franchisor and the franchisee. Which court has jurisdiction if the franchisee invokes the voidability of both agreements?
As discussed earlier on this website, the answer to this question seems to be easily answered on the basis of the law. However, it appears from the various case law that can be found on this subject that this apparent simplicity is apparently apparent and that different courts look at this matter in different ways.
The Court of Arnhem recently issued a ruling that appears to be based directly on the law and therefore promotes legal certainty. The case, briefly summarized, is as follows. In the ‘normal’ civil court, the franchisor cs not only claim a franchise fee from a franchisee, but also rent payments under a (sub)lease agreement. The franchisee defends himself by stating that he has erred, for which reason, in his view, both the franchise agreement and the rental agreement should be nullified. The court is of the opinion that, now that there is a concurrence of claims that also relate to a (sub)lease agreement, a subdistrict court judge should assess the case. Referral will follow.
Mr JH Kolenbrander – Franchise lawyer
Ludwig & Van Dam Franchise attorneys, franchise legal advice Would you like to respond? Mail to coalbrander@ludwigvandam.nl
Other messages
Core obligations in the franchise relationship III
This is the third and final article in a short series on some core obligations in the relationship between franchisor and franchisee and how to handle them.
Core obligations in the franchise relationship II
This is the second article in a short series on some core obligations in the relationship between franchisor and franchisee and how to handle them.
Core obligations in the franchise relationship
This is the first article in a short series on some core obligations in the relationship between franchisor and franchisee and how to deal with them.
Franchise Law
Franchise Law
Reducing the risk of fictitious employment
Recently, the new Minister of Social Affairs, De Geus, made the choice that he wants to put an end once and for all to the discussion whether there is self-employment or a
Bound by non-compete clause after expiration of the
The vast majority of franchise agreements contain a so-called post-contractual non-compete clause (hereinafter referred to as “non-competition clause” for brevity).