Spar International's current contractual dispute with Spar Polska is scheduled to undergo due legal process in the courts in Amsterdam later this month, the company has said.
In a statement issued to ESM, Spar International said that it will take 'all necessary measures to strongly defend our legitimate contractual rights, which are designed to protect the interests of the Spar brand and Spar organisation'.
Spar International's licence agreements are governed in accordance with the laws in the Netherlands, it said.
Spar Polska
Earlier this week, Spar Polska, which has been operated by the Bać-Pol Group since 2010, issued a statement saying that the District Court in Katowice has prohibited Spar International (and South Africa's Spar Group, which recently entered the country) from approaching businesses trading under the Spar, Eurospar, Spar Express and Interspar banners in Poland, with a view to them joining Spar Group.
Spar Polska also stated that according to the court's ruling, both Spar International and Spar Group are forbidden from encouraging franchisees to terminate or not implement franchise agreements with Spar Polska.
It added that the court has threatened to impose a fine of up to PLN 1 million (€230,000) for any breaches of these directives.
Legal Developments
On the court activities currently underway in Poland, Spar International said that it has 'not been informed of any further legal developments or actions in this regard by any court in Poland'.
It added that it 'rejects the claims made by Spar Polska in its statement to the media on the basis that any court decision of this nature would require the participation in court proceedings by legal representatives of both parties.
'Any decision, if made, would therefore only be temporary in nature and could be revoked or changed in time under appeal. Spar International would reserve its rights in this regard.'
Agreement
Spar International said that it notified Spar Polska in advance of its right to terminate the group's Spar operating licence in Poland, 'having previously undertaken all reasonable steps at [its] disposal'.
Spar International said that it terminated the agreement withSpar Polska on 22 February. Subsequent to that, the master licence for Poland was awarded to Spar Group, on 23 April.
© 2019 European Supermarket Magazine – your source for the latest retail news. Article by Stephen Wynne-Jones. Click subscribe to sign up to ESM: The European Supermarket Magazine.
