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
Litigation as a franchisees association.
The Eye Wish Opticiens franchisees have recently filed opposition to ...
Between the franchisor’s diagnosis and forecasting duty
In the leading legal scientific journal WPNR, Mr. Dolphijn a ...
Franchise+ article: “Violation of a non-compete clause will cost the franchisee dearly.” – mr. C. Damen – September 23, 2021
The fact that the violation of a non-compete clause included ...
Article De Nationale Franchise Gids: “Unjustified cancellation by the franchisor: settle the bill.” – mr. C. Damen – dated September 20, 2021
The preliminary relief judge in Rotterdam recently ruled that the ...
Interview Mr. AW Doplphijn in Distrifood: “Legal consequences of merger Plus-Coop for entrepreneurs.” – dated September 12, 2021
"Dolphin hereby cites a theory that is also alive among ...
Supermarket Newsletter – No. 32 –
Supermarkets COOP and PLUS merge The intended merger will mean ...