Franchise Archieven - Parker Advocaten Amsterdam

Franchisors beware; under Dutch law a franchise agreement is not always terminable under the franchise agreement’s termination provisions

by Tessa de Mönnink | 18 March 2025 | Franchise, Franchise

A franchisor (Leen Bakker) entered into a franchise agreement with a franchisee in 1995. Pursuant to that franchise agreement, the franchisee operates a home furnishings store under the Leen Bakker franchise formula. A termination clause in the franchise agreement provides, inter alia, that termination takes place with a term of 13 months, and that the franchisor may only terminate the franchise agreement if it cannot reasonably be required to continue the agreement.

Tessa de Mönnink wins award at European Franchise Awards

by Tessa de Mönnink | 25 November 2024 | Franchise

On Thursday evening 10 October, two Dutch winners received awards at the European Franchise Awards ceremony. Tessa de Mönnink of Parker Advocaten and hospitality franchise formula Verhage received European awards in their categories.

Mitigation of fine for breach of non-compete and confidentiality clause by franchisee

by Annelies van Zoest | 4 June 2024 | Franchise, Commercial contracts, Distribution & Agency

the Arnhem-Leeuwarden Court of Appeal mitigated the contractual fine of a former franchisee due to its breach of a non-compete and confidentiality clause

Statutory (commercial) interest and extrajudicial collection costs in commercial contracts

by Tessa de Mönnink | 30 November 2023 | Franchise, Commercial contracts, Distribution & Agency

From 1 January 2024, the Dutch statutory interest and statutory commercial interest rates may be adjusted again. What are the consequences under Dutch law, should your contracting party fail to pay, or pay late?

In practice: FAQ’s most frequently asked questions about the Dutch Franchise Act

by Tessa de Mönnink & Annelies van Zoest | 30 January 2023 | Franchise, Commercial contracts

In our previous newsletters, we discussed the introduction of the Dutch Franchise Act (the “Act” or “Franchise Act”). This Act is effective as of 1 January 2021 and is of mandatory law. Some legal obligations were subject to an implementation deadline until 31 December 2022. This deadline has now expired.

FRANCHISE ALERT: January 1, 2023 is the deadline for implementation of the Dutch Franchise Act. Is your franchise agreement compliant?

by Tessa de Mönnink & Annelies van Zoest | 20 September 2022 | Franchise, Commercial contracts

The Dutch Franchise Act went into effect on January 1, 2021. The Act is mandatory law and franchisors and franchisees were required to conduct themselves in accordance with the Act as of that date. Specific contractual adjustments also had to be implemented immediately in new franchise agreements and renewal agreements. A two-year transition period applies to current franchise agreements. This expires on January 1, 2023. Franchise organizations still have three months to comply with the implementation obligation.