After a thorough review of the rules from 2010, the European Commission approved the new Vertical Block Exemption Regulation (VBER) and the accompanying new Vertical Guidelines on 10 May 2022. The revised VBER and vertical guidelines will enter into force on 1 June 2022.
read moreA financial forecast is no guarantee for franchisees. Franchisees cannot simply pass on their disappointing turnover results to the franchisor.
read moreThe minimum implementation period of at least 2 months, i.e. the period between the date of publication and the date of entry into force, has not been respected.
read moreAs 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 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).
In a decision of the District Court of Amsterdam of 18 August 2020, a contractual termination clause allowing to terminate the Value Added Reseller Agreement (a so-called “VAR”) with a term of notice of 6 months has been set aside
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