Article in Entrance: “New owner”

#NEW OWNER 

“The catering company where I work has been taken over. The new owner now says that I no longer have to work for him, but can he refuse me as an employee?” 

#Regulations If a company is taken over, the new entrepreneur is automatically the new employer according to the law. All rights and obligations that applied under the previous person then pass to the new person.

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Does a franchisee have to accept a new model franchise agreement?

On 31 March 2017, the District Court of Rotterdam, ECLI:NL:RBROT:2017:2457, ruled in interlocutory proceedings on the question whether franchisor Bram Ladage had complied with the franchise agreement with its franchisee.

Mandatory (market-based) purchase prices for franchisees

To what extent can a franchisor change agreements about the (market) purchase prices of the goods that the franchisees are obliged to purchase?

Director’s liability of a franchisee after failing to rely on an unsound prognosis.

On 11 July 2017, the Court of Appeal of 's-Hertogenbosch made a decision on whether the franchisor could successfully sue the director of a BV for non-compliance with the

Liability accountant for prepared prognosis?

In a judgment of the Court of Appeal of 's-Hertogenbosch of 11 July 2017, ECLI:NL:GHSHE:2017:3153, it was discussed that franchisees accused the franchisor's accountant of being liable

How far does the bank’s duty of care extend?

Some time ago the question was raised in case law what the position of the bank is in the triangular relationship franchisor – bank – franchisee.

Burden of proof reversal in forecasting as misleading advertising?

In an interlocutory judgment of 15 June 2017, the District Court of Zeeland-West-Brabant, ECLI:NL:RBZWB:2017:3833, ruled on a claim for (among other things) suspension of the non-compete clause.

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