Jurisdiction of the subdistrict court judge in cases of miscarriage (II)
Court of Roermond
As indicated earlier on this website, different judges judge in different ways whether they are competent to take cognizance of a dispute in which both forecasting issues and rent play a role. Recently, the Court of Arnhem issued a judgment that is relevant, because the law seems to have been applied correctly. For the sake of brevity, I refer to my earlier article “Jurisdiction of the subdistrict court judge in cases of error”.
Recently, the court of Roermond, subdistrict sector, issued a similar ruling. The case in this matter is, briefly summarized, as follows. A franchisee has been provided with forecasts by his franchisor, which – as it turns out later – are not based on any research. Turnover lags significantly behind forecasts and the franchisee has to terminate operations prematurely due to lagging turnover. The franchisee starts proceedings and claims before the subdistrict court judge (among other things) annulment of the franchise agreement and the sublease agreement, including compensation. The franchisor defends himself by stating that the subdistrict court is not competent to take cognizance of this dispute, but that the ‘normal’ court must deal with this issue, because the rental element is only of minor importance.
However, the subdistrict court in Roermond is of the opinion that, because there is a lease element, the other claims are, as it were, ‘drawn along’ in its circle of jurisdiction. The subdistrict court is therefore indeed competent, despite the fact that there is also a substantial claim for compensation on the part of the franchisee.
The advantage of litigating before the subdistrict court is that the court fees are, in principle, lower than in the Civil sector. In general, litigation is also generally low-threshold, even by non-attorneys, which in certain cases can also be pleasant for a litigant. In short, the aforementioned development can be called favorable.
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
Post non-competition ban on services and sales franchise
When a franchise agreement ends, many franchisees encounter a prohibition in the franchise agreement to perform similar work for a period of time thereafter
The concept of the Franchise Act: impact for franchisors and franchisees – dated February 5, 2019 – mr. AW Dolphin
Ludwig & Van Dam Advocaten believes that if the draft of the Franchise Act actually becomes law, a lot will change for franchisors and franchisees.
Buy franchise business and the laid off sick employee from 7 years ago
The question is whether a Bruna franchisee, when selling the franchise company to Bruna, should have stated that seven years ago an employee had left employment sick.
Court prohibits Domino’s unilateral area reduction when extending franchise agreements – dated January 28, 2019 – mr. RCWL Albers
On January 9, 2019, the District Court of Rotterdam rendered a judgment in a lawsuit initiated by the Association of Domino's Pizza Franchisees and all its members (almost all Domino's franchisees).
Lien of the franchisee
Can a prospective franchisee invoke a right of retention to reclaim an entry fee if a franchise agreement is not concluded after the pre-agreement has been concluded?
Supermarket letter – 24
Draft Bill Law Franchise