Magazine Franchise & Law, episode 2 (November 2015)

By Published On: 03-12-2015Categories: Statements & current affairs

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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Does a franchisee have to accept a new model franchise agreement?

On 31 March 2017, the District Court of Rotterdam, ECLI:NL:RBROT:2017:2457, ruled in interlocutory proceedings on the question whether franchisor Bram Ladage had complied with the franchise agreement with its franchisee.

Mandatory (market-based) purchase prices for franchisees

To what extent can a franchisor change agreements about the (market) purchase prices of the goods that the franchisees are obliged to purchase?

Director’s liability of a franchisee after failing to rely on an unsound prognosis.

On 11 July 2017, the Court of Appeal of 's-Hertogenbosch made a decision on whether the franchisor could successfully sue the director of a BV for non-compliance with the

Liability accountant for prepared prognosis?

In a judgment of the Court of Appeal of 's-Hertogenbosch of 11 July 2017, ECLI:NL:GHSHE:2017:3153, it was discussed that franchisees accused the franchisor's accountant of being liable

How far does the bank’s duty of care extend?

Some time ago the question was raised in case law what the position of the bank is in the triangular relationship franchisor – bank – franchisee.

Burden of proof reversal in forecasting as misleading advertising?

In an interlocutory judgment of 15 June 2017, the District Court of Zeeland-West-Brabant, ECLI:NL:RBZWB:2017:3833, ruled on a claim for (among other things) suspension of the non-compete clause.

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