Draft bill on franchising
A law is being drafted for the franchising industry to improve relations between franchisors and franchisees. The proposal has now been announced, fresh off the press. With this, State Secretary Mona Keijzer of Economic Affairs and Climate Policy and Minister Sander Dekker for Legal Protection are implementing the agreements from the coalition agreement and the government’s wish to introduce legislation that should better protect the franchisee in the future. For example, the bill limits the franchisor’s ability to unilaterally change contracts.
The draft bill that the Ministry of Economic Affairs and Climate Policy has drawn up with the Ministry of Justice and Security will enter internet consultation on 12 December 2018 for a period of seven weeks. See: https://www.internetconsultatie.nl/wet_franchise
If you have any questions about this, or would like to exchange ideas, we would like to hear from you.
We would like to keep you informed of developments via our website, but also through our newsletters.
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
Legal Franchise Statistics 2019: slight decrease in number of franchise disputes
In 2018, 44 judgments were published on Rechtspraak.nl, 12 of which were appeal cases and one in cassation (a prognosis issue against Albert Heijn).
Article De Nationale Franchisegids: “Judge again rules in favor of Domino’s franchisees” – dated September 3, 2019 – mr. RCWL Albers
At the beginning of 2018, almost all franchisees of Domino's and the Association of Domino's Pizza Franchisees submitted two issues to the court in Rotterdam.
Article De Nationale Franchisegids: “The interim termination of the franchise agreement” – August 12, 2019 – mr. JAJ Devilee
A franchise agreement can end prematurely in many ways.
Article De Nationale Franchise Gids: “Parliamentary questions asked about (false) self-employment franchisees” – dated 24 July 2019 – mr. M. Munnik
Parliamentary questions have recently been asked about the so-called bogus self-employment within the relationship between franchisor and franchisee.
Article Franchise+: “With our franchise formula you will earn mountains of gold.” dated 10 July 2019 – mr. AW Dolphin
The distinction between permissible promotions and misleading information remains a gray area, despite the relevant legislation.
Franchisee may purchase a range of foreign products after mandatory formula change – June 6, 2019 – mr. JAJ Devilee
The District Court of East Brabant recently dealt with an important matter in preliminary relief proceedings in which a franchisee was completely involuntarily forced to adopt an alternative formula.