The municipality must allow temporary Albert Heijn
On 7 February 2019, the District Court of Noord-Holland ruled (ECLI:NL:RBNNE:2019:407) on whether the municipality should allow a temporary Albert Heijn now that the municipality had made commitments, but had not signed a lease. was with the municipality and the municipal policy had meanwhile been changed.
The municipality had already granted a permit to establish a temporary Albert Heijn supermarket. The municipality had also not only expressed a “willingness in principle” to cooperate in the relocation of the Albert Heijn supermarket to a temporary location and even invited it to conclude a lease for the location for the temporary supermarket. The municipality also took the position that, among other things, with the arrival of a “new” (changed in composition) municipal council, a new vision has emerged and that the realization of the temporary Albert Heijn supermarket is undesirable with the new policy insights.
The judge in preliminary relief proceedings ruled that the supermarket entrepreneur could and was entitled to derive a justified expectation that the municipality would also rent out the required location following the granting of an environmental permit. The municipality is ordered to conclude a lease.
mr. AW Dolphin – franchise lawyer
Ludwig & Van Dam Franchise attorneys, franchise legal advice. Do you want to respond? Go to dolphijn@ludwigvandam.nl
Other messages
The bankrupt franchisor: set off claims under the franchise agreement against rents owed to the trustee
This section has previously written about “franchisor in difficulties” and in connection therewith
Well begun is half done: adequate link between franchise and sublease agreement
If you - in your capacity as franchisor - wish to expand your franchise formula
Duty of care in times of crisis
Duty of care in times of crisis
Monitoring and benchmarking
Monitoring and benchmarking
Presentation SME Netherlands
Presentation SME Netherlands
Presentation SME Netherlands benchmark systems
Presentation SME Netherlands benchmark systems