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
Standstill period: four weeks is and remains four weeks!
Standstill period: four weeks is and remains four weeks! ...
Strict application of standstill period
In a judgment of the District Court of The Hague ...
Ludwig & Van Dam in De Telegraaf: Uncertain times arise for franchisees if the formula goes bankrupt
In the Financial Telegraaf of February 9, 2024, Alex Dolphijn ...
The tied franchisee
Sometimes we talk about a tied franchisee. It is ...
The Franchise Act; always and everywhere?
In this contribution I will discuss the Franchise Act ...
Void franchise agreement due to violation of standstill period
What are the consequences if the standstill period is violated? ...