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
![](https://ludwigvandam.megaconcept.nl/wp-content/uploads/2020/12/232court-min-400x222.jpg)
Other messages
Codification or self-regulation in the franchising sector
Codification or self-regulation in the franchising sector
Tenancy law and franchise: approval of deviating terms in the tenancy agreement, despite material infringement and the lack of an equal social position between the tenant and landlord
Tenancy law and franchise: approval of deviating clauses in the lease.
Business transfer franchisee: franchisor properly facilitates franchisee in settlement
On November 12, 2014, the District Court of Rotterdam ruled in a case between the franchisor and the franchisee about the lawfulness of the termination of the franchise agreement.
Franchising as urgent personal use
In a judgment dated 18 November 2014, the Court of Appeal in Den Bosch considered, among other things, whether a lessor may terminate the lease of business premises due to urgent personal use.
Can exclusion of error in forecasting benefit the franchisor?
Franchisors are often accused of failing before and when concluding a franchise agreement
Mistake about prognosis, annulment of non-compete clause?
Mistake about prognosis, annulment of non-compete clause?