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
![223carts-one-min](https://www.ludwigvandam.nl/wp-content/uploads/2020/12/223carts-one-min.jpg)
Other messages
Franchising and agency
Franchise constructions can sometimes contain elements of agency.
Franchisees: do not conclude arbitration clauses, but do take out legal expenses insurance
In conflicts between franchisor and franchisee, it often happens that the parties do not fight with equal arms.
Steady line in case law will be continued!
The judgment of the Supreme Court of 25 January 2002 has already been discussed several times in this series of articles.
Side effects of non-compete clauses
Many franchise agreements contain a non-compete clause, both during the term
Non-competition clause
Franchise agreements often include a non-compete clause
To rule is to look into the future
Supply and demand. Concepts that dominate the entire commercial world.