Sandd franchisees find satisfaction in nullifying Sandd and PostNL merger – dated 12 June 2020
The franchisees of mail delivery company Sandd went to the in November
judge, assisted by Ludwig & Van Dam Advocaten. The franchisees
accused the State Secretary of negligent weighing of interests
made. Where the Secretary of State submitted a bill to
protection of the franchisees, Sandd’s franchisees become in
the whole thing was left behind in the merger with PostNL by the same
Secretary of State.
The Association of Franchisees of Sandd (VFS) says in a response that the
judgment of the Rotterdam court is a form of satisfaction, although
reversing the merger ‘unrealistic’. President Mario de
Koning: ‘But it is a paper settlement. We want our gram
and we have not been so much against the merger as against it
unilateral termination of contracts in the very short term. On a neat
saying goodbye to each other was not an issue. Some
franchisees had to liquidate their businesses. That has been a drama
for these family businesses.’ DeVFS has another civil case against Sandd
and PostNL at the court in Arnhem. Bet is an indemnity
for suffered (contract) damage.
See also the Financieele Dagblad of 12 June 2020 (download at the bottom right of this message).
mr. AW Dolphijn – franchise lawyer
Ludwig & Van Dam Franchise attorneys, franchise legal advice. Do you want to respond? Go to dolphijn@ludwigvandam.nl
Other messages
Non-compete clause on the sale of a franchise business
How strict should a non-compete clause be when selling a franchise business to the franchisor? This question was raised in a dispute in which the District Court of Gelderland op
Franchisor fails by invoking a non-compete clause
Although a non-compete clause is validly formulated in a franchise agreement, a situation may arise that is so diffuse that the franchisor cannot invoke it.
Acquisitions and Franchise Interest
It will not have escaped anyone's attention, certainly in the last year it can only be concluded that the Dutch economy is once again on the rise.
Which court for a rental and franchise agreement?
Which court is competent to rule on a related rental and franchise agreement?
Interview Franchise+ – mrs. J. Sterk and AW Dolphijn – “Reversal burden of proof in forecasts honored by court”
The new Acquisition Fraud Act indeed appears to be relevant for the franchise industry, according to this article from Franchise+.
Franchisor convicted under the Acquisition Fraud Act
For the first time, a court has ruled, with reference to the Acquisition Fraud Act, that if a franchisee claims that the franchisor has presented an unsatisfactory prognosis