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
Statutory anchoring of duty of care in prognostic problems
Statutory anchoring of duty of care in prognostic problems
Supermarket letter – 14
Prohibition of the establishment of other supermarkets legally valid
Acting at the start determines the outcome of a dispute between franchisor and franchisee
Acting at the start determines the outcome of a dispute between franchisor and franchisee
Banned for supermarkets
Banned for supermarkets
Arbitration clause may not disadvantage the franchisee: nullification
Arbitration clause may not disadvantage the franchisee: nullification
Will NFC come to an end of non-competition clause?
Will NFC come to an end of non-competition clause?