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