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
Buy/sell Albert Heijn franchise company
A judgment of 28 July 2016 by the Central Netherlands District Court, ECLI:NL:RBMNE:2016:6138, concerned the sale of shares in two companies in which an Albert Heijn supermarket
Tax fraud among 45% of Super de Boer franchisees
Tax fraud among 45% of Super de Boer franchisees
Penalty obligation for the franchisor for failure to comply with the franchise agreement
Penalty obligation for the franchisor for failure to comply with the franchise agreement
Need thorough research for a sound prognosis?
Is a thorough investigation by the franchisor always necessary to arrive at a sound prognosis?
Infringement of franchisee’s exclusivity rights: franchisor liable – October 18, 2016 – mr. DL van Dam
Infringement of franchisee's exclusivity rights: franchisor liable
Infringement of franchisee’s exclusivity rights: franchisor liable
Franchise agreements often contain exclusivity provisions that give franchisees exclusive rights