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
No mediation fee of one million guilders for the development of supermarket real estate
No mediation fee of one million guilders for the development of supermarket real estate
Supermarket letter – 7
Supermarket competed by its own landlord
Supermarket competed by its own landlord
On 15 July 2014, the District Court of Noord-Holland issued an interesting ruling in interlocutory proceedings about the competition of a supermarket by its own lessor.
First to the finish line: urgent interest in franchisee’s intention to join debt restructuring?
First to the finish line: urgent interest in franchisee's intention to join debt restructuring?
No matter how fast the lie is…
No matter how fast the lie is...
Franchise in the hospitality industry
Franchise in the hospitality industry