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
Non-compete clause on the sale of a franchise business
How strict should a non-compete clause be when selling a franchise business to the franchisor? This question was raised in a dispute in which the District Court of Gelderland op
Franchisor fails by invoking a non-compete clause
Although a non-compete clause is validly formulated in a franchise agreement, a situation may arise that is so diffuse that the franchisor cannot invoke it.
Acquisitions and Franchise Interest
It will not have escaped anyone's attention, certainly in the last year it can only be concluded that the Dutch economy is once again on the rise.
Which court for a rental and franchise agreement?
Which court is competent to rule on a related rental and franchise agreement?
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+.
Franchisor convicted under the Acquisition Fraud Act
For the first time, a court has ruled, with reference to the Acquisition Fraud Act, that if a franchisee claims that the franchisor has presented an unsatisfactory prognosis