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
Franchisees who litigate on behalf of a dissolved and/or bankrupt general partnership –
Franchisees who litigate on behalf of a dissolved and/or bankrupt general partnership -
Assistance and advice to a franchisee in financial difficulties
Assistance and advice to a franchisee in financial difficulties
Supermarket letter – 13
Not providing market research to the franchisee remains without consequences for the franchisor
Franchisees beware of data breaches (at the franchisor)
Franchisees beware of data breaches (at the franchisor)
Every forecasting issue is different
Every forecasting issue is different
Not providing market research to the franchisee remains without consequences for the franchisor
Not providing market research to the franchisee remains without consequences for the franchisor