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
![](https://ludwigvandam.megaconcept.nl/wp-content/uploads/2020/12/232court-min-400x222.jpg)
Other messages
DFA Franchise theme meeting
DFA Franchise theme meeting
Franchise code applicability remains roulette for the time being
Franchise code applicability remains roulette for the time being
Franchise code applicability remains roulette for the time being
Franchise code applicability remains roulette for the time being
A lower rental price
A lower rental price
Post non-compete clause
Post non-compete clause
Franchise & Law source of information 2015 no. 2 – A chronicle of franchise law over the first half of 2015 – mr. AW Dolphin
Franchise & Law source of information 2015 no. 2 - A chronicle of franchise law over the first half of 2015