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
Research into numbers of franchise procedures
We recently published a brief survey of franchise jurisprudence over the past six years on the website.
Violation of duty of care affects exoneration
In a dispute about an appeal to an exoneration clause in the franchise agreement by the franchisor, it was considered that the nature of the franchise agreement should be taken into account
Supermarket letter – 5
Acquisition of a supermarket location by terminating the lease at the expense of the sitting tenant is allowed by the Supreme Court.
Acquisition of a supermarket location by terminating the lease at the expense of the sitting tenant is allowed by the Supreme Court
On 25 April 2014, the Supreme Court confirmed for the second time that the waiting period of three years for termination of the rental agreement for retail space due to urgent personal use after the purchase of the property
Unauthorized unilateral collective fee increase by the franchisor
In an important decision of the Amsterdam Court of Appeal of 23 April 2014, the question was whether a franchisor was allowed to implement an increase in a contribution.
Interests Association of Franchisees of the Netherlands (BVFN) is in further consultation with the Minister
On April 16, 2014, the previously announced meeting between the Belangen Vereniging Franchisenemers Nederland (BVFN) and the Ministry of Economic Affairs took place.