Supermarket chains are still struggling with Franchise law

The new franchise law has been in effect since early 2021. The law should give franchisors, including those from the supermarket sector, more grip in negotiations with the head office. What has that political decision brought retailers so far? Distrifood Magazine asks franchise lawyer Alex Dolphijn.

mr. A.W. Dolphijn
Ludwig & Van Dam lawyers, franchise legal advice.
Do you want to respond? Then email to dolphijn@ludwigvandam.nl

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On the edge of a franchisee’s exclusive territory

The Court of Appeal of Arnhem-Leeuwarden ruled on 15 May 2018, ECLI:NL:GHARL:2018:4395, on the question whether a franchisor has a branch just over the edge of the exclusively granted protection area.

Can a franchisee cohabit with a competing entrepreneur?

Can a franchisee violate a non-compete clause by cohabiting with someone who runs a competing business? On January 12, 2018, the District Court of Central Netherlands ruled

Not an exclusive catchment area, but still exclusivity for the franchisee

The judgment of the District Court of Noord-Holland dated 18 April 2018, ECLI:NL:RBNHO:2018:3268, ruled on the exclusivity area of ​​a franchisee.

Termination or dissolution of the franchise agreement by the franchisee

In principle, franchise agreements can be terminated prematurely, for example by cancellation or dissolution. On 21 March 2018, the District Court of Overijssel ruled on ECLI:NL:RBOVE:2018:1335 on

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