No formula change, but further development by the franchisor
The District Court of Maastricht ruled on 6 October 2022, ECLI:NL:RBLIM:2022:7655, on whether the franchisor can close a franchisee’s website if the franchisee does not accept a change in the policy. The franchisor also indicates that it will suspend the continued payment of monies collected by customers of the franchisee.
The preliminary relief judge ruled that the franchisor did not act contrary to the franchise agreement by prescribing that from now on only one permanent lead generator may be used. The claim to put the website on which the leads come in online again, so that the lead generation can be continued by another lead generator, is therefore rejected.
In addition, the franchisee claimed an injunction against suspension of the continued payment of monies collected by the franchisee’s customers. The franchisee engaged in marketing activities on the Internet without the necessary consent of the franchisor, had changed control of the franchise business and violated the franchisor’s contractual pre-emption right. The franchisee then argued that the unwanted marketing activities should be discontinued and that the contractual pre-emption right should still be fulfilled. The franchisor had announced that if the franchisee had not complied with the summons, it would not pass on the monies of the franchisee’s customers to the franchisee. The preliminary relief judge rejected the franchisor’s prohibition on suspension. After all, there was no question of any actual suspension (yet).
The preliminary relief judge did not rule that there had been a formula change, but was apparently of the opinion that there was a further development to which the franchisee had to conform. It is conceivable that if the franchisee does not comply with this, suspension of the franchisee’s assets could be permitted.
Ludwig & Van Dam lawyers, franchise legal advice.
Do you want to respond? Then email to ludwig@ludwigvandam.nl
![109Alex-groot.nw_.2020.jpg](https://www.ludwigvandam.nl/wp-content/uploads/2020/12/109Alex-groot.nw_.2020-scaled.jpg)
Other messages
Mitigation fine of franchise agreement at supermarket
On 22 April 2015, the East Brabant District Court ruled on a dispute between a franchisee and a franchisor (Emté Franchise BV).
Arbitration clause applicable to franchise agreement? Maybe not
An arbitration clause is occasionally found in franchise agreements.
(Directors’ and shareholders’) liability in the event of transfer or phasing out the franchise formula
(Directors' and shareholders') liability in the event of transfer or phasing out the franchise formula
Directors’ liability in the event of an incorrect forecast
On 4 February 2015, the Rotterdam District Court rendered a judgment on, among other things, the question of whether the director of a selling legal entity was liable.
C1000 loses appeal for inspection of C1000 deal
C1000 loses appeal for inspection of C1000 deal
Supermarket letter – 9
The C1000 Association loses appeal for inspection of the C1000 deal