European Court of Justice: actio pauliana is covered by jurisdiction rule of forum of contract. A judgment with foreseeable consequences?

Imagine that a debtor voluntarily concludes a transaction with a third party where he knows (or should know) that it hinders the creditor’s possibilities of collecting the debt. In civil law countries, a creditor can invoke the nullification of that legal act by means of a so-called actio pauliana. This raises the question of which court has jurisdiction in the … Read more

Special regulation on franchise agreements proposed: more protection for franchisees

On 12 December, a draft legislative proposal (“proposal“) was published containing a special regulation on franchise agreements. Until now, there have been no special regulations regarding franchise agreements. The Explanatory Memorandum mentions that franchisees believe that franchisors have a more dominant position within their relationship. According to franchisees, this causes unreasonable and undesirable situations. The Dutch Franchise Code, a means … Read more