The (in)validity of a post-contractual non-competition clause in a franchise agreement: analogy with employment law?

On 5 September 2017, the District Court of Gelderland, ECLI:NL:RBGEL:2017:4565, rendered a judgment on, among other things, the question of whether Bruna, as a franchisor, could invoke the prohibition for a

Column Franchise+ – mr. J Sterk: “Court orders fast food chain to extend franchise agreement

The case is set to begin this year. For years, the franchisee has been refusing to sign the new franchise agreement that was offered with renewal, as it would lead to a deterioration of his legal position

Franchise & Law No. 5 – Acquisition Fraud and Franchising Act

The Acquisition Fraud Act came into effect on 1 July 2016. This includes amendments to Section 6:194 of the Dutch Civil Code.

By Ludwig en van Dam|2023-07-07T17:41:33+02:0010-08-2017|Dispute settlement, Forecasting issues, Franchise Agreements, Statements & current affairs|

Does a franchisee have to accept a new model franchise agreement?

On 31 March 2017, the District Court of Rotterdam, ECLI:NL:RBROT:2017:2457, ruled in interlocutory proceedings on the question whether franchisor Bram Ladage had complied with the franchise agreement with its franchisee.

Director’s liability of a franchisee after failing to rely on an unsound prognosis.

On 11 July 2017, the Court of Appeal of 's-Hertogenbosch made a decision on whether the franchisor could successfully sue the director of a BV for non-compliance with the

Liability accountant for prepared prognosis?

In a judgment of the Court of Appeal of 's-Hertogenbosch of 11 July 2017, ECLI:NL:GHSHE:2017:3153, it was discussed that franchisees accused the franchisor's accountant of being liable

How far does the bank’s duty of care extend?

Some time ago the question was raised in case law what the position of the bank is in the triangular relationship franchisor – bank – franchisee.

Burden of proof reversal in forecasting as misleading advertising?

In an interlocutory judgment of 15 June 2017, the District Court of Zeeland-West-Brabant, ECLI:NL:RBZWB:2017:3833, ruled on a claim for (among other things) suspension of the non-compete clause.

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