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
Know-how franchise formula now also legally protected
Know-how is one of the most essential parts of a franchise formula.
Franchisors may no longer impose changes to shopping hours
At the end of 2018, a draft of the “Freedom of Choice for Retailers (Opening Hours) Act” was presented.
Draft bill on franchising
A law is being drafted for the franchising industry to improve relations between franchisors and franchisees.
No franchise agreement, despite the designation
Not everything is what it looks like. Even if the franchisor and franchisee believe that there is a franchise agreement, the legal situation may be different.
Compensation for reputational damage to the franchisor
A developer of a digital platform for a franchisor had provided a platform that any third party could access.
Sale of a franchise company due to a non-competition clause: False construction or not?
Franchisees who are unwilling or unable to continue with the franchise company experience whether or not the non-competition clause is valid or not.