NewsLudwig & van Dam2023-08-15T12:27:18+02:00

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Column Franchise+ – mr. Th.R. Ludwig: “Delivery stop by franchisor again not allowed”

Once again, the president in preliminary relief proceedings ruled on the question whether a franchisor's supply stop against the franchisee was permitted, with the franchisee paying a substantial

The manager (employee) who becomes a franchisee – fictitious employment?

On 14 December 2016, the subdistrict court judge of the District Court of Noord-Holland, ECLI:NL:RBNHO:2016:11031 (Employee/Espresso Lounge), considered the situation in which an employee

The Supreme Court sets strict requirements for franchise forecasts

A ruling by the Supreme Court on Friday casts a new light on the provision of profit and turnover forecasts to aspiring franchisees.

By Ludwig en van Dam|28-02-2017|Categories: Dispute settlement, Forecasting issues, Franchise Agreements, Statements & current affairs|Tags: , , |

Infringement of exclusive service area by franchisor in connection with formula change dated February 27, 2017

On 30 January 2017, the provisional relief judge of the District Court of Noord-Holland, ECLI:NL:RBNHO:2017:688 (Intertoys/franchisee), was asked how to deal with the

By Alex Dolphijn|27-02-2017|Categories: Dispute settlement, Franchise Agreements, Statements & current affairs|Tags: , |

Forecasts at startup franchise formula

The Amsterdam Court of Appeal ruled on 14 February 2017, ECLI:NL:GHAMS:2017:455 (Tot Straks/franchisee) on the question whether the franchisor had provided an unsatisfactory prognosis and whether the

Mandatory transfer of franchise business to franchisor?

On January 23, 2017, the District Court of Amsterdam, ECLI:NL:RBAMS:2017:412 (CoffeeCompany/Dam Spirit BV) rendered a judgment on the question whether a franchisee upon termination of the cooperation

Transfer customer data to franchisor

In its judgment of 10 January 2017, ECLI:NL:GHAMS:2017:68 (OnlineAccountants.nl), the Amsterdam Court ruled, among other things, on the question of how customer data should be transferred.

Franchise Closing Sale – Who Gets the Sale Proceeds?

The judgment of the District Court of the Northern Netherlands dated 12 October 2016, ECLI:NL:RBNNE:2016:5061 (Administrator/Expert Group and Rabobank), focused on the question whether the franchisor, together with the bank,

By Alex Dolphijn|10-02-2017|Categories: Dispute settlement, Franchise Agreements, Statements & current affairs|Tags: , |

Column Franchise+ – mr. Th.R. Ludwig: “Judge: franchisor’s duty of care comparable to that of a bank”

Various judgments in 2016 made it clear how high the standard of care for a franchisor towards its franchisees is.

Use of the internet and social media: court expands options for franchisees

In principle, the franchisee may not be prohibited from having its own website in order to also or even exclusively sell its products or services via the Internet.

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