DFA Franchise theme meeting
Franchise theme meeting
Date : November 19, 2015
Time of day : 3:30 pm
Location : Hotel New York
Address : Koninginnenhoofd 1, 3072 AD Rotterdam
Agenda:
3:15 pm – Reception
15:30 – 16:00 – Introduction and explanation of the usefulness and necessity of and the process followed so far with regard to the consultation version of the Dutch Franchise Code (NFC), by: Derk van Dam, lawyer and partner at Ludwig & From dam
16:00 – 16:30 – The content of the NFC, by: Tessa de Mönnink, lawyer and partner at De Grave De Mönnink Spliet Advocaten
4:30 – 5:30 pm – Debate about the NFC chaired by Derk van Dam and Tessa de Mönnink, Propositions: (1) a franchise code is not necessary (2) the current NFC is unusable in practice (3) a franchise code deserves the preference over legislation (4) with the current NFC there is a danger that franchises will die out in the Netherlands (5) the interests of franchisees deserve more protection than hitherto (6) why invent the wheel yourself and not look at neighboring countries?
From 5:30 pm – Drinks
You can register via the DFA website: http://www.vereniging-dfa.nl/agenda-vereniging-dfa/?event_id=24
Other messages
The further determination of the rental price of business premises at the request of the lessor/franchisor or the lessee/franchisee
Does the (sub)tenant/franchisee still pay a competitive rent for the leased business space?
Partial indebtedness of entrance fees due to lack of turnover and non-delivery of contractual performance by the franchisor
The franchisee rightly invokes unforeseen circumstances due to the lack of turnover and successfully claims moderation of the entrance fee due.
Termination of the franchise agreement does not automatically lead to termination of the sublease agreement
Franchisor terminated the franchise agreement with the franchisee. The franchise agreement stipulated that termination of the franchise agreement would also terminate the sublease agreement
Despite the franchisee’s counterclaim, the franchisor justified dissolution of the franchise contract
The Rotterdam court recently ruled that payment arrears of more than € 80,000 is sufficient for the franchisor to dissolve the franchise agreement.
Actually using a building, but without a lease
In franchising, it often happens that the business premises from which the franchisee operates his business
Switching franchisee from one franchise organization to another is not without risks
The court in Amsterdam recently ruled in a case where a franchisee switched from one franchisor to another, in the same industry.