The limitation of a non-competition clause
Court of Almelo, preliminary relief judge
A former franchisee has a non-compete clause in his franchise agreement, which prohibits him from entering into a partnership with a party competing with the franchisor during and for two years after the termination of the franchise agreement. Apparently, the ex-franchisee intends to become an employee of such a competitor, because he asks the court to prohibit the franchisor from implementing the non-compete clause. The court takes a very formal approach and states that, partly in view of the termination of the franchise agreement, only the former franchisee can (still) implement the non-compete clause. In the opinion of the court, imposing an injunction on the franchisor is therefore not appropriate.
Mr JH Kolenbrander – Franchise lawyer
Ludwig & Van Dam Franchise attorneys, franchise legal advice Would you like to respond? Mail to coalbrander@ludwigvandam.nl
Other messages
Incorrect forecasts: franchisor must pay damages to franchisee
The court in Utrecht has recently rendered a judgment with regard to a prognosis issue.
The use of social media in the franchise relationship
Social media can no longer be ignored in everyday life.
Settlement of receivables
Your debtor may be unable to meet his or her payment obligations towards you for various reasons.
Court ruling: fees can co-exist
Court ruling: fees can co-exist
Essential information in the start-up phase withheld by the franchisor compensation for franchisee
Essential information in the start-up phase withheld by the franchisor compensation for franchisee
The franchisee’s position with respect to pre-contractual forecasting
Some time ago, the court ruled that essential information was withheld from a prospective franchisee in the pre-contractual phase.