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
Supermarket letter – 22
No Dutch Franchise Code, but legislation on franchising.
No Dutch Franchise Code, but legislation on franchising
The State Secretary has announced that the Dutch Franchise Code ("NFC") will not be enshrined in law. However, there will be legislation on franchising.
HEMA sentenced to suspend e-commerce contribution to franchisees
HEMA is in conflict with its franchisees about the contribution to e-commerce costs. HEMA believes that the existing scheme from 1997 is outdated.
Error or deception in the conclusion of the franchise agreement
A franchisee who regrets after entering into a franchise agreement may believe that before or at the conclusion of the franchise agreement by the franchisor ...
Supermarket letter – 21
Judge: Protect franchisee against supermarket organization (Coop) as lessor
The supplier prescribed by the franchisor is not performing? What now?
The Court of Appeal of 's-Hertogenbosch ruled on 20 February 2018, ECLI:NL:GHSHE:2018:727, on the question of who must prove that the franchisee was misled when entering into the