Preferential right of purchase in lease does not apply – September 7, 2018 – mr. AW Dolphin
The District Court of The Hague ruled on 5 September 2018, ECLI:NL:RBDHA:2018:10554, that a share transaction within the tenant’s organization does not mean that the landlord can invoke the pre-emptive right stipulated in favor of the landlord of buy.
However, it should be noted that the rental agreement and the pre-emptive right of purchase were concluded at the time by expert parties and expert advisers and that there was an ‘intercompany’ rental agreement within the same group. Therefore, according to the court, great weight should be attached to the linguistic meaning of the chosen wording of the agreement in this specific case. Therefore, the pre-emptive right of purchase cannot be circumvented in all cases by means of a transaction of the shares in the lessee.
mr. AW Dolphin – franchise lawyer
Ludwig & Van Dam Franchise attorneys, franchise legal advice. Do you want to respond? Contact
Other messages
Supermarket location due to exceeding the decision period by the municipality
In a dispute with the municipality of Helmond, the issue ...
Standstill period protects the over-enthusiastic franchisee
Standstill period protects the over-enthusiastic franchisee The standstill period ...
Breach of pre-contractual information obligation in case of franchise
In summary proceedings, the District Court of The Hague rendered ...
Definitely a violation of the standstill obligation.
In a judgment of the Rotterdam District Court of 15 ...
No violation of standstill obligation
The Northern Netherlands District Court ruled in a judgment dated ...
Belgian Council of Ministers adopts decision to protect independent supermarket entrepreneurs
All-powerful supermarket organizations Partly due to the recent privatization of ...