Interview Franchise+ – mrs. J. Sterk and AW Dolphijn – “Reversal of burden of proof in forecasts approved by court” – February 2018
The new Acquisition Fraud Act indeed appears to be relevant for the franchise industry, according to this article from Franchise+. Alex Dolphijn of Ludwig & Van Dam represents a franchisee in legal proceedings in which the franchisor has been convicted for the first time under the Acquisition Fraud Act. The court states that the franchisor must be able to demonstrate afterwards that the prognosis is correct. The position of franchisees has been greatly strengthened by this ruling. To be able to prove that a franchisor has its affairs in order, the franchisor must come from a good family, explain franchise attorneys Jeroen Sterk and Alex Dolphijn of Ludwig & Van Dam.
Other messages
Franchisee does not achieve operating forecast: the interim score.
Recently, the court in Roermond rendered an interim judgment between a franchisee and a franchisor, whereby the turnover was one third lower than budgeted by the franchisor.
Dissolution of the franchise agreement at the end of the franchise formula
It often happens that a franchise formula ceases to exist.
Comparative advertising in the supermarket sector
The court of Amsterdam recently ruled on comparative advertising in the supermarket sector.
Supermarket letter – 1
Supermarket entrepreneur may not be bound by a non-competition clause.
Incorrect forecasts: far-reaching consequences for the franchisor-franchisee relationship
Incorrect forecasts: far-reaching consequences for the franchisor-franchisee relationship
Incorrect forecasts: no dissolution of the franchise agreement
On 6 January 2010, the provisional relief judge of the District Court in The Hague rendered a judgment