France

• The franchisor’s duty to assist the franchisee is limited to technical and commercial assistance and constitutes an obligation of means

• The preferential right stipulated to the benefit of the franchisor is not anti-competitive per se

• Pre-contractual assistance of the franchisor and vitiated consent

• Wrongful termination of negotiations: identification of the fault and recoverable loss

• Ratification of the Ordinance for the reform of Contract Law, General Regime and Proof of Obligations

Germany

• Injunction against grey market sales by unauthorized distributors

• Termination for cause of distribution agreements in Germany – Decision of the Higher Regional Court of Munich, 8 February 2018 (commercial agency)

United Kingdom

• Be sure to ‘sign the dotted line’

• Beware varying a franchise or distribution agreement orally or by conduct: Supreme Court upholds enforceability of ‘no oral modification’ clauses

Netherlands

• Incorrect revenue prognosis; franchise candidate free to break off negotiations

• New franchise legislation

Poland

• An end to the suppression of small producers by selling giants

 

Contributors to the Newsletter:
France: Grégoire Toulouse, Mathias Kuhn, Noémie Vincent, Myriam Berger
Germany: Dr. Heiko Franke, Dr. Benedikt Rohrßen
UK: Nicole Ng Yuen, Sasha Vallabh, Katie Chandler, Louise Popple
Netherlands: Nadia Bruinsma
Poland: Dr. Krzysztof Borzol