A closer look at the intention to introduce franchising legislation
On May 23rd, State Secretary Mona Keijzer informed the House of Representatives about the imminent franchise legislation. The National Franchise Guide previously published this article.
From a democratic perspective, it is a good thing that the choice has now been made to introduce formal legislation instead of an order in council. With this, the franchise relationship seems to be moving from the unnamed to the agreements named in law. That choice alone has legal consequences in the case of mixed agreements. The named agreement will take precedence from now on.
Other messages
The limitation of a non-competition clause
A former franchisee has a non-compete clause in his franchise agreement that prohibits him from cooperating during and for two years after the termination of the franchise agreement.
Franchise agreement/sublease agreement link
Franchise agreements and sublease agreements must be adequately linked. After all, the sublease agreement is governed by mandatory tenancy law. Not easy here
Franchising is serious business
Franchise practice is characterized by a wide variety of issues that manifest themselves in it.
Price maintenance: always void?
The Court of Appeal in The Hague ruled some time ago that influencing the price level at which the franchisee sells the products to the consumer can be susceptible to competition law.
Another franchisor against will and thanks?
For various reasons, franchisors and franchisees are confronted with the (desire to) transfer of rights
Compensation for insufficient duty of care by the franchisor
Compensation for insufficient duty of care by the franchisor