Franchise
Franchise is an increasingly common form of collaboration to exploit a brand or formula. Properly recording the relationships with franchisees is crucial for the success of the formula. We work for leading national and international but also starting franchise organizations and (interest groups of) franchisees. Thanks to more than 20 years of knowledge and experience in this field, we not only share our legal knowledge, but also practical and commercially relevant experiences as a sparring partner, adviser or litigation lawyer. For international matters or aspects, we have a worldwide network of franchise lawyers.
Annelies van Zoest
partner/lawyer
Tessa de Mönnink
partner/lawyer
News
Franchisors beware; under Dutch law a franchise agreement is not always terminable under the franchise agreement’s termination provisions
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
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
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
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
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.