Buy/sell Albert Heijn franchise company
A judgment of 28 July 2016 by the Central Netherlands District Court, ECLI:NL:RBMNE:2016:6138, concerned the sale of shares in two companies in which an Albert Heijn supermarket was operated. The dispute was about what exactly was included in the purchase/sale.
Shortly before finalization, the parent company of the sellers appears to be the lessor of one of the supermarket premises. They exercise the pre-emptive right to purchase. The buyers of the shares demanded that they receive the supermarket business space as part of the share purchase. The sellers argue that the pre-emptive right to purchase the supermarket business space does not rest with the companies that are the subject of the intended transaction. Moreover, the buyers had never inquired about the pre-emptive right and the sellers had never communicated anything about it. The preliminary relief judge therefore rejected the claim and ruled that the purchase must go ahead without the supermarket business space, so that people know what is and what is not included in the purchase/sale.
This judgment shows the importance of expert assistance in negotiating the takeover of supermarkets.
mr. AW Dolphijn – Franchise lawyer
Ludwig & Van Dam Franchise attorneys, franchise legal advice. Do you want to respond? Go to dolphijn@ludwigvandam.nl .
Other messages
Delivery obligation?
Many buyers, including franchisees, are of the opinion that there is a delivery obligation in the Netherlands, meaning that suppliers are obliged to deliver goods if a potential
Internet in franchise relationships
If, in the context of a franchise relationship, internet and e-commerce are discussed in order to sell the goods/services of the franchise organization digitally
Use of telephone and fax numbers after the
Most franchise agreements stipulate that after termination of the franchise agreement, the former franchisee must comply with a non-competition clause.
Recent developments regarding resale price maintenance
On February 13, 2004, the administrative judge of the District Court of Rotterdam rendered a judgment between Secon Group BV
Reinvestment / restyling within an existing franchise concept.
In practice, we have recently seen more and more developments that point to a conversion/restyling of the franchise organization
Agency: some outlines
In practice, questions are asked with some regularity regarding the legal nature