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.
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Court prohibits franchisor from rolling out alternative franchise formula
Recently, the president of the Court of Arnhem in an extremely interesting
Mr Th.R. Ludwig gives a legal workshop in collaboration with the NFV.
Mr Th.R. Ludwig gives a legal workshop in collaboration with the NFV.
Sale of franchise business in the hospitality industry
Sale of franchise business in the hospitality industry
Franchisor’s liability in case of incorrect forecast confirmed
Franchisor's liability in case of incorrect forecast confirmed
Infringement of the market territory by the own franchisor: overlapping exclusivity.
Due to the underlying acquisitions, it is inevitable that supermarket entrepreneurs will have to deal with overlapping market areas.
Collection of a claim need not result in a hardening of the franchise relationship
Since the entry into force of the Decree on compensation of extrajudicial collection costs, entrepreneurs have been obliged