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30 April 2019
Raphael Mellerio Freedom of association and franchising: duty of loyalty in question

France - Aramis Law Firm

The concept of loyalty is frequently used as a general (and often fallback) principle by franchisees and franchisors in the litigation context. As a franchise agreement cannot identify every illegal behaviour of the parties, loyalty and good faith are often used as key principles to determine what is allowed. The Court of Cassation recently considered the loyalty principle in a case opposing a franchisor and a franchisee in the computing school sector.

Authors: Raphael Mellerio, Bertrand Baheu-Derras
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Karsten Metzlaff Bogus self-employment and unethical franchise agreements

Germany - Noerr LLP

Case law from the highest German courts on franchise law matters is rare, which makes a recent Federal Court of Justice decision on the subject of bogus self-employment of franchisees – a perennial issue for franchise law practitioners – even more noteworthy. The case concerned claims for payment under a licence agreement and the question of whether the licence agreement was void due to the franchisee's bogus self-employment.

Authors: Karsten Metzlaff, Tom Billing, Isabelle Shahal
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Recent updates

Gordon Drakes Be careful of 'non-reliance' clauses in franchise agreements

United Kingdom - Fieldfisher LLP

Authors: Gordon Drakes, Tim Rickard
Bruno Floriani Limits of good faith and relational nature of franchise agreements in Quebec

Canada - Lapointe Rosenstein Marchand Melançon LLP

Authors: Bruno Floriani, Marissa Carnevale, Tanya Nakhoul