Not an exclusive catchment area, but still exclusivity for the franchisee
The judgment of the District Court of Noord-Holland dated 18 April 2018, ECLI:NL:RBNHO:2018:3268, ruled on the exclusivity area of a franchisee.
It was agreed that the franchisor is in principle entitled to admit another franchisee in the same district, provided that the franchisor has offered the franchisee the opportunity in writing to expand its business to meet customer demand and that the franchisee has given you 30 days to accept this offer.
However, the franchisee and the franchisee newly admitted to the district had already worked together before, each exploiting the formula for their own account. Although this argues that the new franchisee could be admitted by the franchisor to the relevant district, the interpretation is not only governed by the content of the franchise agreement, but also by reasonableness and fairness.
It turned out that the franchisee in question, newly admitted to the district, had just been presented to the franchisor as a temporary experiment and it had been agreed, at the suggestion of the existing franchisee, that “the ownership of the franchise license and the district will remain fully in the hands of [ the (existing) franchisee]” remains. The court therefore concludes that the franchisor, after the end of the experiment, should not have allowed the new franchisee in question to enter the territory of the existing franchisee. So the circumstances dictate how the franchise agreement should be applied.
mr. AW Dolphijn – franchise lawyer
Ludwig & Van Dam Franchise attorneys, franchise legal advice. Do you want to respond? Go to dolphijn@ludwigvandam.nl .
![219contracts-min](https://www.ludwigvandam.nl/wp-content/uploads/2020/12/219contracts-min.jpg)
Other messages
Article De Nationale Franchisegids: “The interim termination of the franchise agreement” – August 12, 2019 – mr. JAJ Devilee
A franchise agreement can end prematurely in many ways.
Article De Nationale Franchise Gids: “Parliamentary questions asked about (false) self-employment franchisees” – dated 24 July 2019 – mr. M. Munnik
Parliamentary questions have recently been asked about the so-called bogus self-employment within the relationship between franchisor and franchisee.
Article Franchise+: “With our franchise formula you will earn mountains of gold.” dated 10 July 2019 – mr. AW Dolphin
The distinction between permissible promotions and misleading information remains a gray area, despite the relevant legislation.
Franchisee may purchase a range of foreign products after mandatory formula change – June 6, 2019 – mr. JAJ Devilee
The District Court of East Brabant recently dealt with an important matter in preliminary relief proceedings in which a franchisee was completely involuntarily forced to adopt an alternative formula.
How do I keep my location? – June 6, 2019 – mr. K. Bastian
Location is of great importance to franchisors and franchisees, especially in the retail sector.
Supermarket letter – 25
Supermarket Newsletter No. 25