Recent judgement Arnhem Court of Appeal: a financial forecast is no guarantee for franchisees
A financial forecast is no guarantee for franchisees. Franchisees cannot simply pass on their disappointing turnover results to the franchisor.
read moreShaken, not stirred
A brand distinguishes products and services from those of competitors. When you think of a brand, you usually think of a word or logo, or a combination thereof, and sometimes a shape.
read moreFranchise Act: no anticipation by court
As of 1 January 2021, the Dutch Franchise Act is in force. This Act regulates the relationship between franchisors and franchisees, mainly to protect the legal position of franchisees.
read moreThe New Franchise Act: who owns goodwill?
The Franchise Act will (almost certainly) enter into force on January 1, 2021. This will be a historical event for the Netherlands, for it is the first actual Dutch Franchise Act. The impact of the new Act on practices of franchise organizations is major and requires adjustment not only as to method of operation but also of franchise agreements.
Franchise agreements must contain a clause on how goodwill, if any, must be assessed within the franchise company upon termination of the franchise agreement (Article 7:920 Dutch Civil Code).
Newsflash: Franchise Act adopted today. Franchisors, get started!
Today is the day. The Franchise Act has been adopted by the Senate. As of 1 January 2021, the act enters into force. As to several drastic rules a transition period of 2 years will apply (non-competition clause, right of approval and place of business’ valuation), but waiting until 2023 is out of the question.
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