No Dutch Franchise Code, but legislation on franchising
The Secretary of State has stated that the Dutch Franchise Code (“NFC”) is not enshrined in law. However, there will be legislation on franchising.
On 8 February 2018, the standing committee for Economic Affairs and Climate held consultations with Ms Keijzer, State Secretary for Economic Affairs and Climate, about including the announced regulations on franchising. The coalition agreement also contains a phrase about this, namely that regulations must be introduced and that the “pre-competitive phase” must be included in legislation.
The Secretary of State indicates that he is working on the regulations on franchising, but it has emerged that there is no agreement between franchisors and franchisees about the NFC. The State Secretary indicates that he has accepted this as an established fact. This seems to put an end to the question of whether the NFC will be legally enshrined, as was previously submitted to the public for consultation.
The State Secretary announces that she will submit an elaboration of the regulations to the House of Representatives in an order in council (“AmvB”). This order in council will contain rules for the “pre-competitive phase” in franchising. She hopes to do so before the end of the year.
mr. AW Dolphin – franchise lawyer
Ludwig & Van Dam Franchise attorneys, franchise legal advice. Do you want to respond? Go to dolphijn@ludwigvandam.nl .
Other messages
On the edge of a franchisee’s exclusive territory
The Court of Appeal of Arnhem-Leeuwarden ruled on 15 May 2018, ECLI:NL:GHARL:2018:4395, on the question whether a franchisor has a branch just over the edge of the exclusively granted protection area.
Can a franchisee cohabit with a competing entrepreneur?
Can a franchisee violate a non-compete clause by cohabiting with someone who runs a competing business? On January 12, 2018, the District Court of Central Netherlands ruled
Not an exclusive catchment area, but still exclusivity for the franchisee
The judgment of the District Court of Noord-Holland dated 18 April 2018, ECLI:NL:RBNHO:2018:3268, ruled on the exclusivity area of a franchisee.
Supermarket letter – 23
AH may not reduce wages when taking over personnel from AH franchisees;
Termination or dissolution of the franchise agreement by the franchisee
In principle, franchise agreements can be terminated prematurely, for example by cancellation or dissolution. On 21 March 2018, the District Court of Overijssel ruled on ECLI:NL:RBOVE:2018:1335 on
Article in Entrance: “Sending mailings”
“Can I make a file of guests' email addresses because I occasionally want to inform them online about events, promotions and new dishes?”