Preferential right of purchase in lease does not apply – September 7, 2018 – mr. AW Dolphin
The District Court of The Hague ruled on 5 September 2018, ECLI:NL:RBDHA:2018:10554, that a share transaction within the tenant’s organization does not mean that the landlord can invoke the pre-emptive right stipulated in favor of the landlord of buy.
However, it should be noted that the rental agreement and the pre-emptive right of purchase were concluded at the time by expert parties and expert advisers and that there was an ‘intercompany’ rental agreement within the same group. Therefore, according to the court, great weight should be attached to the linguistic meaning of the chosen wording of the agreement in this specific case. Therefore, the pre-emptive right of purchase cannot be circumvented in all cases by means of a transaction of the shares in the lessee.
mr. AW Dolphin – franchise lawyer
Ludwig & Van Dam Franchise attorneys, franchise legal advice. Do you want to respond? Contact
Other messages
Supermarket letter – 4
Developments and sales via the internet
Nightlife Franchise
Few nightclubs are affiliated with a chain. That is quite remarkable. We see that quite a lot in the general catering industry.
mr. Th.R. Ludwig gives a course for franchisees at the NFV
mr. Th.R. Ludwig gives a course for franchisees at the NFV
Interests Association of Franchisees of the Netherlands (BVFN) in conversation with the Minister
Interests Association of Franchisees of the Netherlands (BVFN) in conversation with the Minister
Termination of the franchise formula and end of subletting
Can the franchisor - without being liable for damages - discontinue the franchise formula and also terminate the rental relationship with the franchisee, whereby the franchisor continues with a web shop?
Converted C-1000 entrepreneurs to AH not profitable
Various ex-C1000 entrepreneurs who are now active under the AH flag are considering selling their supermarket.