Food, Horeca & Retail
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.
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Temporary law on transparency turboliquidation
The Temporary Act on Transparency Turboliquidation came into force on 15 November 2023. The consequences of this law and the additional conditions that must be met have been written about before (see, for example, the article from 22 March 2023). Despite the increased requirements, turbo liquidation is still a good tool for winding up companies with no operations and assets after 15 November 2023.
Indexation of rent by 14.5% in 2023 not unreasonable
Many lessees of commercial space faced indexation of the rent according to the consumer price index (CPI) by a percentage of 14.5% in 2023. Several tenants of commercial space disagreed, and there have since been court cases about this. From the court rulings, the view emerges that indexation of the rent in 2023 by 14.5% is not unreasonable.
Ground rent due during bankruptcy is not an estate debt
Recently, the Supreme Court issued a ruling on the question of whether a ground lease rent that became due after the date of bankruptcy is an estate debt. In this article, I first explain what estate debts are and the relevance of the question answered by the Supreme Court for practice. I then discuss the judgment.
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