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Food, Horeca & Retail sector

The Food, Horeca & Retail sector is extremely dynamic and is governed by a host of legislation and regulations. The sector also faces various challenges in relation to competition, e-commerce, globalisation and economic developments. In these hectic times, it is important that specialists create ‘workable preconditions’ to remove the burden for the entrepreneurs, leaving them to do what they're good at - run businesses. We know the sector and offer you complete support in this jungle of legal rules.

We point our clients the way in managing, operating, developing and selling shops, hotels, bars or restaurants. This could involve licences, changes of use, and hotel, restaurant, bar or retail related lease issues. Then there is also the daily operation of the business. Issues in the area of employment law, standard terms and conditions, terms and conditions of delivery or purchase, exclusive purchasing, financing and security, franchise agreements or purchasing or selling a business are our day to day work. The various legal areas that play a part are dealt with integrally.

We act on behalf of chains, franchise chains and individual hotel, restaurant, bars or retailers. Advice and conducting legal proceedings are our expertise.

Please contact Madelon van Breemen for further information on +31 10 2092756 or by email on vanbreemen@lvh-advocaten.nl

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Right to prior consultation Works Council in the event of bankruptcy


In the case between the Works Council and the receiver of the chain of chemist's shops DA, the Netherlands Supreme Court issued a judgement on 2 June 2017, in which in summary it ruled that the right to prior consultation of the Works Council, as incorporated in Article 25 of the Works Council Act (WOR) in principle also applies to the event in which a company has been declared bankrupt.

Bank has limited duty of care in respect of the franchisee

On 23 May 2017, the The Hague Court of Appeal gave a judgment in respect of a bank's duty of care regarding an ex-franchisee. In short, the Court of Appeal is of the opinion that it was not established that the bank neglected its duty of care by not warning the franchisee about the poor financial position of the franchiser.

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.

Peter de Graaf

insolvencies and reorganisation

+31 (0)10 209 27 52 degraaf@lvh-advocaten.nl

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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.

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.

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.

More articles >

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