The limitation of a non-competition clause
Court of Almelo, preliminary relief judge
A former franchisee has a non-compete clause in his franchise agreement, which prohibits him from entering into a partnership with a party competing with the franchisor during and for two years after the termination of the franchise agreement. Apparently, the ex-franchisee intends to become an employee of such a competitor, because he asks the court to prohibit the franchisor from implementing the non-compete clause. The court takes a very formal approach and states that, partly in view of the termination of the franchise agreement, only the former franchisee can (still) implement the non-compete clause. In the opinion of the court, imposing an injunction on the franchisor is therefore not appropriate.
Mr JH Kolenbrander – Franchise lawyer
Ludwig & Van Dam Franchise attorneys, franchise legal advice Would you like to respond? Mail to coalbrander@ludwigvandam.nl
Other messages
Success Albert Heijn franchisee against takeover Deen – mr. AW Dolphijn – dated July 29, 2021
An Albert Heijn franchisee has successfully defended itself against the ...
Article Franchise+: “Only with proof of transferred know-how can a non-compete appeal be invoked” – mr. T. Meijer – dated July 26, 2021
On July 16, 2021, the preliminary relief judge of the ...
Judge: “franchisee to move in standstill period” – mr. RCWL Albers – dated July 1, 2021
In recent proceedings before the preliminary relief judge in Utrecht, ...
Article Franchise+: “5 tips for starting franchisees” – mr. RCWL Albers – dated June 30, 2021
Choosing a franchise can be attractive for you as a ...
Supermarket Newsletter – No. 31 –
The Supreme Court still ruled in favor of Albert Heijn ...
Article De Nationale Franchisegids: The consequences of providing an incorrect (turnover and profit) forecast by the franchisor – mr. K. Bastiaans – dated June 9, 2021
In many cases, prior to entering into a franchise agreement, ...