Violation of duty of care affects exoneration
In a dispute about an appeal to an exoneration clause in the franchise agreement by the franchisor, it was considered that the nature of the franchise agreement should be taken into account
Unauthorized unilateral collective fee increase by the franchisor
In an important decision of the Amsterdam Court of Appeal of 23 April 2014, the question was whether a franchisor was allowed to implement an increase in a contribution.
Exoneration of duty of care with the franchisor’s prognosis
In a judgment of the Overijssel court of 9 April 2014, the interesting question arose whether a collaboration should be qualified as a franchise.
Non-competition clause is lost in summary proceedings
Recently, the preliminary relief judge in Rotterdam ruled that a franchisee was not bound by the non-competition clause included in the franchise agreement.
Collection point requires shopping destination
In my supermarket newsletter of July 11, 2013, I already predicted that the establishment of collection points for goods ordered via the internet would set the judicial pens in motion.
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?
Shooting with hail in preliminary relief proceedings is not rewarded
Recently, the verdict was published on Rechtspraak.nl regarding summary proceedings brought against the latter by a (former) franchisee of Bart's Retail.
Consequences of terminating a franchise agreement: a remarkable weighing of interests
At the end of 2013, there was a remarkable ruling by the Court of Arnhem in this case.
The franchise formula as the destination of the rented property
The Amsterdam Court of Appeal recently ruled on the question of whether a tenancy agreement can be dissolved and the rented property should be vacated.
Mistake and Void Franchise Agreement Based on False Forecast – Tort
On January 15, 2014, the District Court of the Northern Netherlands rendered an interesting judgment between Lilly's Ice Cream & Chocolate as franchisor and one of its franchisees.