Update from Spain - Fieldfisher Jausas contributes to the second edition of the Franchise Case Law Observatory
Fieldfisher Jausas partner, Jordi Ruiz de Villa (Franchise and Distribution) chairs the Committee of Experts of the Spanish Franchise Association (AEF). The AEF recently published their second edition of the Franchise Case Law Observatory, which is accessible here.
This new edition of the Observatory includes in-depth quantitative and qualitative analysis of litigation activity in the Spanish franchise sector between 2012 and 2017.
On average, 67.95% of Spanish Provincial Court rulings are won by franchisors, who also initiate 64.80% of all lawsuits filed. This brings the average litigiousness to 0.08% of claims per franchisee establishment, with franchisees winning 0.02% of rulings per franchisee establishment.
From a qualitative point of view, the most relevant rulings of 2012-2017 are listed and commented in the report. Special consideration has been given to those rulings dealing with important issues such as the consequences of defective pre-contractual information (likely to become one of the most controversial topics in the near future), the liability of the franchisor due to the franchisee’s negligence (currently related to medical acts), the possibility of claiming infringement of the territory exclusivity (to the franchisor) or post-contractual non-competition obligations (to the franchisee).
If you would like more information on this subject, please contact Jordi Ruiz de Villa