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
Supermarket letter – 12
Court of East Brabant issues (interim) judgment in long-running conflict of the Van De Huijgevoort brothers against Jumbo
Non-compete clause too broad? – January 12, 2016 – mr. RCWL Albers
Non-compete clause too broad?
Non-compete clause too broad?
Franchisors have usually invested heavily in the development of their formula.
Article in Entrance: “How do I break it open?” (The fine print of a contract) – mr. AW Dolphin – January 2016
Article in Entrance: "How do I break it open?" (The fine print of a contract)
Franchisors take note: accountability for forecast issued – December 28, 2015 – mr. AW Dolphin
Franchisors beware: accountability for issued forecast
Key to the rental property
Key to the rental property