The municipality must allow temporary Albert Heijn
On 7 February 2019, the District Court of Noord-Holland ruled (ECLI:NL:RBNNE:2019:407) on whether the municipality should allow a temporary Albert Heijn now that the municipality had made commitments, but had not signed a lease. was with the municipality and the municipal policy had meanwhile been changed.
The municipality had already granted a permit to establish a temporary Albert Heijn supermarket. The municipality had also not only expressed a “willingness in principle” to cooperate in the relocation of the Albert Heijn supermarket to a temporary location and even invited it to conclude a lease for the location for the temporary supermarket. The municipality also took the position that, among other things, with the arrival of a “new” (changed in composition) municipal council, a new vision has emerged and that the realization of the temporary Albert Heijn supermarket is undesirable with the new policy insights.
The judge in preliminary relief proceedings ruled that the supermarket entrepreneur could and was entitled to derive a justified expectation that the municipality would also rent out the required location following the granting of an environmental permit. The municipality is ordered to conclude a lease.
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
Infringement of non-competition clause, where is the limit?
In this matter, a former freelancer of massage parlor Doctor Feelgood started his own massage parlor under the name Feelgood-store.
Research into numbers of franchise procedures
We recently published a brief survey of franchise jurisprudence over the past six years on the website.
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
Supermarket letter – 5
Acquisition of a supermarket location by terminating the lease at the expense of the sitting tenant is allowed by the Supreme Court.
Acquisition of a supermarket location by terminating the lease at the expense of the sitting tenant is allowed by the Supreme Court
On 25 April 2014, the Supreme Court confirmed for the second time that the waiting period of three years for termination of the rental agreement for retail space due to urgent personal use after the purchase of the property
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.