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
Sale of franchise business in the hospitality industry
Sale of franchise business in the hospitality industry
Franchisor’s liability in case of incorrect forecast confirmed
Franchisor's liability in case of incorrect forecast confirmed
Infringement of the market territory by the own franchisor: overlapping exclusivity.
Due to the underlying acquisitions, it is inevitable that supermarket entrepreneurs will have to deal with overlapping market areas.
Collection of a claim need not result in a hardening of the franchise relationship
Since the entry into force of the Decree on compensation of extrajudicial collection costs, entrepreneurs have been obliged
Supermarket letter – 2
Infringement of the market territory by its own franchisor.
Supermarket letter – 3
Infringement of the market territory by the own franchisor: overlapping exclusivity