Suspension post non-competition clause in Bruna franchise agreement
On 25 September 2015, the preliminary relief judge of the Utrecht District Court suspended the post-non-compete clause in a Bruna franchise agreement.
Bruna had indicated that it no longer wanted any connection with the location. At Bruna’s request, the franchisee had become the tenant of the retail property, instead of Bruna. Subsequently, Bruna had terminated the franchise agreement. The franchisee wished to continue the business under its own name. However, Bruna forbade this with reference to the post-non-compete clause.
The franchisee stated that Bruna had no interest in invoking the post non-compete clause. After all, she did not find the location interesting. The preliminary relief judge ruled in favor of the franchisee. In all fairness, Bruna has no legal interest to be respected in adhering to the post-non-competition clause.
Last year, on 16 July 2014 (ECLI:NL:RBDHA:2014:8667), Bruna was also rightly pointed out in this way that if and as long as it does not itself establish a Bruna store in the business premises, after termination of the franchise agreement, it cannot require the entrepreneur to comply with the non-competition prohibition.
If a franchisor wishes to withdraw from a certain location, this would seem to provide an opportunity for franchisees to set aside the post-non-compete clause. However, this will strongly depend on the specific franchise formula.
mr. AW Dolphijn – Franchise lawyer
Ludwig & Van Dam Franchise attorneys, franchise legal advice. Do you want to respond? Mail to dolphijn@ludwigvandam.nl
![](https://ludwigvandam.megaconcept.nl/wp-content/uploads/2020/12/232court-min-400x222.jpg)
Other messages
mr. AW Dolphijn: Incorrect prognosis from Albert Heijn to exC1000 franchisee
mr. AW Dolphijn: Incorrect prognosis from Albert Heijn to exC1000 franchisee
NFV course for franchisees by mr. Th.R. Ludwig
NFV course for franchisees by mr. Th.R. Ludwig
Incorrect prognosis from Albert Heijn to ex-C1000 franchisee
On December 3, 2014, the District Court of the Northern Netherlands ruled on a dispute in which the attorneys of the Supermarkets section of Ludwig & Van Dam assisted a former C1000 entrepreneur
Supermarket letter – 8
Incorrect prognosis from Albert Heijn to ex-C1000 franchisee
Urgent interest in summary proceedings
In the event of legal disputes, it is possible to request the court to take provisional measures by means of summary proceedings.
Suspension of the fee by the franchisee is not in itself an automatic ground for suspension of goods deliveries by the franchisor
The court in Assen recently ruled that a franchisor had wrongly suspended the deliveries of goods.