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
Car dealer wrongly not a franchisee?
The Franchise Act entered into force on 1 January ...
Suspension of payouts allowed by the franchisor
The District Court of Limburg ruled on 30 March 2023, ...
Franchising is on the rise: ‘There is still a huge amount of room for it in the Netherlands’
An interview with mr. AW Dolphijn about franchise. De Beren, ...
The franchise agreement without (heavy demands on) know-how
In the 2023-1 edition of Contracting magazine, I published a ...
Standstill period violation
On 15 March 2023, the District Court of Noord-Holland, ECLI:NL:RBNHO:2023:2636, ...
Violation post prohibition of competition, no fine!
The District Court of Zeeland-West-Brabant ruled on 15 March 2023, ...