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
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Other messages
Pronunciation not necessarily bad for C1000
Pronunciation not necessarily bad for C1000
No inspection of Association C1000 in documents C1000 acquisition.
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What to do with your local competition
Of course, it is always annoying for the operator of a snack bar, for example, when a competitor joins.
Supermarket letter – 6
No inspection of Association C1000 in documents C1000 acquisition
mr. Th.R. Ludwig teaches a master class franchise course for NFV on September 16, 2014
On September 16, Mr. Ludwig discuss various legal aspects involved in franchise relationships during a course organized by the NFV.
Formido franchisee stumbles over burden of proof in prognosis case
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