Magazine Franchise & Law, episode 2 (November 2015)
By now it is episode 2 of F&R appeared in November 2015: Mr. AW Dolphijn of Ludwig & Van Dam Advocaten wrote a chronicle of case law in franchise law over the first half of 2015. In addition to this discussion of a selection of very recent franchise case law, you will be kept informed of the progress of the Dutch Franchise Code. At the beginning of next year, extensive attention will be paid to the NFC, which will be presented in January 2016.
Franchise & Law (F&R) is a periodical magazine. F&R provides concise and accessible expert-selected franchise legal information. The content of Franchise & Law is provided by a network of leading attorneys with specialist knowledge in the field of franchise. This information is almost indispensable for professionals dealing with franchising, such as franchisor attorneys and practice attorneys.
The editorial board consists of Mr. Th.R. Ludwig, franchise lawyer, Ludwig & Van Dam Advocaten, Mr. JJG Heling, legal affairs manager, Bart’s Retail BV (Bakker Bart), and Mr. HGAJ Janssen, franchise lawyer/consultant, Franchise.NL
Franchise & Law information source appears about four times a year in a handy format with a pleasantly readable style. An annual subscription costs € 86 incl. VAT and shipping costs. An online subscription costs €48. Are you interested ? Send an email to editorialfr@franchise.nl .
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The further determination of the rental price of business premises at the request of the lessor/franchisor or the lessee/franchisee
Does the (sub)tenant/franchisee still pay a competitive rent for the leased business space?
Partial indebtedness of entrance fees due to lack of turnover and non-delivery of contractual performance by the franchisor
The franchisee rightly invokes unforeseen circumstances due to the lack of turnover and successfully claims moderation of the entrance fee due.
Termination of the franchise agreement does not automatically lead to termination of the sublease agreement
Franchisor terminated the franchise agreement with the franchisee. The franchise agreement stipulated that termination of the franchise agreement would also terminate the sublease agreement
Despite the franchisee’s counterclaim, the franchisor justified dissolution of the franchise contract
The Rotterdam court recently ruled that payment arrears of more than € 80,000 is sufficient for the franchisor to dissolve the franchise agreement.
Actually using a building, but without a lease
In franchising, it often happens that the business premises from which the franchisee operates his business
Switching franchisee from one franchise organization to another is not without risks
The court in Amsterdam recently ruled in a case where a franchisee switched from one franchisor to another, in the same industry.