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
Mitigation fine of franchise agreement at supermarket
On 22 April 2015, the East Brabant District Court ruled on a dispute between a franchisee and a franchisor (Emté Franchise BV).
Arbitration clause applicable to franchise agreement? Maybe not
An arbitration clause is occasionally found in franchise agreements.
(Directors’ and shareholders’) liability in the event of transfer or phasing out the franchise formula
(Directors' and shareholders') liability in the event of transfer or phasing out the franchise formula
Directors’ liability in the event of an incorrect forecast
On 4 February 2015, the Rotterdam District Court rendered a judgment on, among other things, the question of whether the director of a selling legal entity was liable.
C1000 loses appeal for inspection of C1000 deal
C1000 loses appeal for inspection of C1000 deal
Supermarket letter – 9
The C1000 Association loses appeal for inspection of the C1000 deal