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
Franchisor can limit franchisor bankruptcy
Franchisor can limit franchisor bankruptcy
Consequences of terminating a franchise agreement: a remarkable weighing of interests
At the end of 2013, there was a remarkable ruling by the Court of Arnhem in this case.
Forecasts not achieved: franchisor liable?
Forecasts not achieved: franchisor liable?
Do not sign AH contract
Do not sign AH contract
Article Distrifood 8 February 2014 – “don’t sign AH contract”
Article Distrifood 8 February 2014 - do not sign AH contract
The franchise formula as the destination of the rented property
The Amsterdam Court of Appeal recently ruled on the question of whether a tenancy agreement can be dissolved and the rented property should be vacated.