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
Webshops in franchise relationships – February 12, 2016 – mr. J. van de Peppel
Webshops in franchise relationships
Webshops in franchise relationships
According to data published by Statistics Netherlands in January 2016
Between Forecasts and Expectations in Franchising – February 9, 2016 – Mr. AW Dolphin
Between forecasts and expectations in franchising
No non-compete violation by franchisee – February 9, 2016 – mr. AW Dolphin
No non-compete violation by franchisee
Entree article: “Changing the flag; the ins and outs of franchise deals in the hotel industry” – mr. AW Dolphijn – February 2016
Article in Entree: "Changing the flag; the ins and outs of franchise deals in the hotel industry"
No compensation of goodwill in franchise agreements? – January 28, 2016 – mr. AW Dolphin
No compensation of goodwill in franchise agreements?