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
Tightening of statutory payment terms from 60 to 30 days as of 1 July 2022
On 1 July 2017, the Act to amend Book 6 of the Dutch Civil Code in connection with combating unreasonably long payment terms entered into force. This was a private member’s bill regulating that large companies cannot agree on a payment term of more than 60 days in their commercial relationship with SMEs in situations where the large company acts as debtor and the SME acts as creditor
Newsflash distribution & franchise
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.
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.
Royal Decree confirms effective date of 1 January 2021 for new Dutch Franchise Act
The 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.
Franchise 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.