Articles
Our articles on this page discuss relevant issues and recent developments. If you are looking for a specific topic, please use the search function or filter.
Introduction of the Franchise Act does not produce a rosy future for franchise formulas
I have written about the Netherlands Franchise Code (NFC) before and explained its contents. In that context, I noted briefly that Minister Kamp sent a white paper for the Franchise Act to the Dutch House of Representatives. The white paper concerns special regulations for a franchise agreement and is open for consultation up to 25 May 2017, inviting stakeholders and interested parties to express their opinion.
Netherlands Franchise Code (NFC)
On 12 April 2017, the outgoing Minister of Economic Affairs published a bill which legally embeds the NFC. It is possible to respond to the bill until 25 May 2017. By legally embedding the NFC, the Minister wants to strengthen the position of franchisees and bring more balance to the interests of franchisees and franchisors.
Bruna must honour the franchise and lease agreement (for now)
A franchisee has successfully brought interlocutory proceedings against his franchisor Bruna. The court in interlocutory proceedings has judged as a preliminary measure that Bruna has to honour the franchise and (sub)lease agreement it terminated.
Problems when the lessor invokes a bank guarantee for vacancy losses due to bankruptcy of lessee
Wij zijn een Rotterdams advocatenkantoor dat zich richt op juridische dienstverlening aan bedrijven. Onze advocaten hebben door kennis van de diverse branches een grotere voorsprong.
Self-driving and truck platooning: a modification of legislation is required
We read about it in the news so often: accidents - fatal or otherwise - with self-driving cars. One of the questions that arise is: who is liable for such accidents? This is a phenomenon not (yet) provided for by current legislation.
Widening of the term building site for VAT purposes, with effect from 1 January 2017
New legislation traditionally comes into effect at the start of the year. With effect from 1 January 2017, this is the case in the property world in respect of, among other things, the term ‘building site’ pursuant to the Turnover Tax Act 1968 [Wet op de omzetbelasting 1968].
Asbestos issues when buying residential or business premises
Until the early 1990s, the mineral asbestos was used in the manufacturing of a lot of products. Old building materials for instance often contain asbestos.
Excessive lending. Court rejects claim Rabobank for repayment of residual debt
The breach of the duty of care of the bank in granting a mortgage loan may have far-reaching consequences for the bank, as can be seen in a decision of the “Midden-Nederland” court of 12 October 2016.
Conference on 60 years CMR reveals differences in application treaty
On 6 and 7 October, the International Conference 60 years CMR took place. I was pleased to attend the conference. The following is a brief report of several interesting issues that were discussed.
Carrier liable for damage after delivery
On 21 June 2016, the Arnhem-Leeuwarden Court of Appeal has rendered an interesting decision on the period of liability of the carrier. The main rule is that the carrier has done his duties, when he delivers the received goods without damage or delay. Therefore, the moment of delivery is an important moment for the transport contract.
Every cloud has a silver lining
On the last day of 2015, one of the Netherlands’ largest department stores has been declared bankrupt. V&D's bankruptcy had negative consequences on various parties. For example on Senz, a supplier of storm umbrellas.
A solar farm: movable or immovable property?
Without energy, everything comes to a standstill. When speaking of energy, the emphasis is increasingly focused on alternative energy sources, partly stimulated by government measures (subsidies etc.). Often, people speak of ‘green’ energy and a good example is solar energy.
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