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
Column Snack courier no. 8: “With 7 steps you comply with the privacy law”
Much has already been written about the General Data Protection Regulation (GDPR). The law has been applicable since 25 May, but many companies have not yet had their privacy policy in order.
Forced to switch to a different franchise formula at the existing location?
If a franchise formula ceases to exist, for example if it is incorporated into another organization, the question may be whether the franchisee is also obliged to be incorporated into
Column Franchise+ – 50 percent more franchise lawsuits
The 2018 Legal Franchise Statistics published by Ludwig & Van Dam Advocaten shows that there has been a 50% increase in the number of judgments in court cases rendered in 2017 compared to
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.
Consumer Protection Applies to Franchisee
The consumer enjoys broad protection on the basis of the Civil Code.
Update Franchise Law
On 23 May 2018, the government indicated that it would prepare a legal regulation that creates a framework for four sub-areas of cooperation between franchisors and franchisees that are crucial