Forecast jurisprudence: Liability and evidence
By judgment of 16 October 2013, the subdistrict court in Breda has a franchisee
Failing to cooperate in checking hygiene requirements of the franchisee
The court in Amsterdam recently ruled in a case where a franchisee did not meet all hygiene requirements.
The limitation of a non-competition clause
A former franchisee has a non-compete clause in his franchise agreement that prohibits him from cooperating during and for two years after the termination of the franchise agreement.
Franchise agreement/sublease agreement link
Franchise agreements and sublease agreements must be adequately linked. After all, the sublease agreement is governed by mandatory tenancy law. Not easy here
Price maintenance: always void?
The Court of Appeal in The Hague ruled some time ago that influencing the price level at which the franchisee sells the products to the consumer can be susceptible to competition law.
How far does the non-competition clause extend?
The Supreme Court recently issued a judgment regarding a non-competition clause in a franchise relationship.
Supreme Court confirms permit sale of franchisee outside exclusive district
Franchisee acquires and sells outside its territory, in territories not yet issued to other franchisees.
Partial indebtedness of entrance fees due to lack of turnover and non-delivery of contractual performance by the franchisor
The franchisee rightly invokes unforeseen circumstances due to the lack of turnover and successfully claims moderation of the entrance fee due.
Termination of the franchise agreement does not automatically lead to termination of the sublease agreement
Franchisor terminated the franchise agreement with the franchisee. The franchise agreement stipulated that termination of the franchise agreement would also terminate the sublease agreement
Despite the franchisee’s counterclaim, the franchisor justified dissolution of the franchise contract
The Rotterdam court recently ruled that payment arrears of more than € 80,000 is sufficient for the franchisor to dissolve the franchise agreement.