Plenary debate dated June 9, 2020 in the Lower House of the Franchise Act – dated June 10, 2020 – mr. AW Dolphin
On 9 June 2020, the legislative proposal for the Franchise Act was discussed in plenary in the House of Representatives. An amendment and a motion have been tabled.
Amendment by members Palland and Aartsen on mandatory legal character only for franchisees established in the Netherlands. This amendment provides that the Franchise Act may not be deviated from to the detriment of franchisees operating in the Netherlands. Deviation, on the other hand, is permitted to the detriment of franchisees operating outside the Netherlands. Therefore, even if a choice of law for Dutch law has been made between the parties (where the franchisee operates outside the Netherlands), that choice does not preclude agreements that deviate from the Franchise Act being made in the franchise agreement to the detriment of that franchisee.
Motion by member Aartsen on a consultative body of franchisors and franchisees. This motion requests the government to bring representatives of franchisors and franchisees together in a periodic consultation body and to encourage them to come to model agreements and agreements for the implementation of the open standards from the Franchise Act.
The bill has received a generally positive reception and appears to meet with little resistance from members of the House of Representatives.
The (uncorrected) report of the plenary debate in the House of Representatives on the Bill to the Franchise Act can be read via the following link: https://www.tweedekamer.nl/kamerstuks/plenaire_verslagen/detail/10ef6de4-abce-44d3- 871b-a8537cd7e282#ide038e8f4
The Chairman has indicated that the bill, the amendment and the motion will be voted on next week.
mr. AW Dolphijn – franchise lawyer
Ludwig & Van Dam Franchise attorneys, franchise legal advice. Want
you respond? Go to
dolphijn@ludwigvandam.nl
Other messages
Price maintenance: always void?
The Court of Appeal in The Hague ruled some time ago that influencing the price level at which the franchisee sells the products to the consumer can be susceptible to competition law.
Another franchisor against will and thanks?
For various reasons, franchisors and franchisees are confronted with the (desire to) transfer of rights
Compensation for insufficient duty of care by the franchisor
Compensation for insufficient duty of care by the franchisor
The Bankrupt Franchisor: A Sequel
Some contributions back wrote my office mate mr. J. Strong what is necessary about the situation when a franchisor goes bankrupt
How far does the non-competition clause extend?
The Supreme Court recently issued a judgment regarding a non-competition clause in a franchise relationship.
Prognosis problems: sound location research?
Recently, the Court of Appeal in Arnhem has ruled in a case concerning soundness