Franchise code applicability remains roulette for the time being
Gathering factual evidence is sometimes one of the biggest challenges in litigation between a franchisee and a franchisor.
Very recently, the President has ruled in interlocutory proceedings that the franchisee has made statements, the correctness of which has not been established.
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
The last few years have shown an enormous variation in franchise formulas in the service sector; in the hotel industry, banking, temporary employment, childcare, elderly care and so on.
Rent reduction in practice: a joint effort by franchisee and franchisor.
The court in The Hague recently ruled whether there was a distribution agreement (this could be a franchise agreement, for example) or an agency agreement.
The Court of Appeal in The Hague ruled some time ago that influencing the price level at which the franchisee sells the products to the consumer can be susceptible to competition law.
Franchisee acquires and sells outside its territory, in territories not yet issued to other franchisees.
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.