Jurisdiction of the subdistrict court in cases of misrepresentation
Court of Arnhem
The assessment of disputes about a (sub)lease agreement is assigned by law to the specialist sub-district court, while disputes about a franchise agreement are, in principle, assessed by the ‘normal’ (civil) court. In franchising, it is very common that, in addition to the conclusion of a franchise agreement, a (sub)lease agreement is also concluded between the franchisor and the franchisee. Which court has jurisdiction if the franchisee invokes the voidability of both agreements?
As discussed earlier on this website, the answer to this question seems to be easily answered on the basis of the law. However, it appears from the various case law that can be found on this subject that this apparent simplicity is apparently apparent and that different courts look at this matter in different ways.
The Court of Arnhem recently issued a ruling that appears to be based directly on the law and therefore promotes legal certainty. The case, briefly summarized, is as follows. In the ‘normal’ civil court, the franchisor cs not only claim a franchise fee from a franchisee, but also rent payments under a (sub)lease agreement. The franchisee defends himself by stating that he has erred, for which reason, in his view, both the franchise agreement and the rental agreement should be nullified. The court is of the opinion that, now that there is a concurrence of claims that also relate to a (sub)lease agreement, a subdistrict court judge should assess the case. Referral will follow.
Mr JH Kolenbrander – Franchise lawyer
Ludwig & Van Dam Franchise attorneys, franchise legal advice Would you like to respond? Mail to coalbrander@ludwigvandam.nl
Other messages
Supermarket letter – 26
Supermarket Newsletter No. 26
Link franchise agreement and rental agreement uncertain? – dated October 14, 2019 – mr K. Bastiaans
It is no exception within a franchise relationship that the parties agree that the franchise agreement and the rental agreement are inextricably linked.
Termination of franchise agreement in case of changes in leased retail space – September 27, 2019 – mr. AW Dolphin
Termination of a franchise agreement in light of a substantial change in the leased retail space.
Article De Nationale Franchisegids: “Distribution of (potential) customers prohibited?” – September 17, 2019 – mr. AW Dolphin
Within many franchise organizations, agreements are made about the recruitment of (potential) customers in a certain area.
District protection no protection against termination due to urgent own use – dated September 17, 2019 – mr. AW Dolphin
As a landlord, can the franchisor terminate the lease for urgent own use, in the sense of district protection, while this would be excluded on the basis of the franchise agreement.
Unreasonable compensation at the end of the franchise agreement – dated September 17, 2019 – mr. AW Dolphin
Some franchise agreements stipulate that the franchisee always owes the franchisor a minimum of a certain amount of costs upon termination of the franchise agreement.