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
![](https://ludwigvandam.megaconcept.nl/wp-content/uploads/2020/12/232court-min-400x222.jpg)
Other messages
Know-how franchise formula now also legally protected
Know-how is one of the most essential parts of a franchise formula.
Franchisors may no longer impose changes to shopping hours
At the end of 2018, a draft of the “Freedom of Choice for Retailers (Opening Hours) Act” was presented.
Draft bill on franchising
A law is being drafted for the franchising industry to improve relations between franchisors and franchisees.
No franchise agreement, despite the designation
Not everything is what it looks like. Even if the franchisor and franchisee believe that there is a franchise agreement, the legal situation may be different.
Compensation for reputational damage to the franchisor
A developer of a digital platform for a franchisor had provided a platform that any third party could access.
Sale of a franchise company due to a non-competition clause: False construction or not?
Franchisees who are unwilling or unable to continue with the franchise company experience whether or not the non-competition clause is valid or not.