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
The small print, obligatory for the franchisee?
In many franchise formulas, the franchisee is obliged to use the contacts made by the franchisor
Settling claims between franchisor and franchisee
It seems so obvious. You have a claim against someone who also receives money from you and you speak
Franchisee as a subtenant in particular in bankruptcy
It often happens that a franchisor takes care of finding a suitable rental location
The franchisor’s duty of care in extreme times
The current credit crisis is spreading like wildfire and has already claimed many victims
Deal or no deal? The problem of broken negotiations
Before a franchise agreement is actually signed by a franchisor and a franchisee
Company Policy and Franchise Interest
Every organization of any importance sets policy goals for itself.