ECLI:NL:RBAMS:2016:3070 ECLI:NL:RBAMS:2016:3070 AI generated

Court orders municipality to remove photo booth from leased space to prevent unfair competition and breach of lease.

Case Number ECLI:NL:RBAMS:2016:3070

Court / Authority Rechtbank Amsterdam

Jurisdiction

Netherlands (NL)

Decision Date 2016-05-19

Outcome Allowed / Granted

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court ordered the municipality to remove a newly installed photo booth from the leased premises of Studio Heno B.V. within seven days. Studio Heno argued that the installation violated the lease's duty of non-disruption and constituted unfair competition within the same building. The court ruled that the municipality breached its obligation as a landlord by creating direct competition for its tenant's core business.

Legislator headnote

AI generated

Art. 6:76 BW; Art. 6:248 BW; Art. 6:2: BW; Art. 6:2: BW; Art. 6:2: BW: A landlord must not act in a way that creates unfair competition for the tenant within the same premises, violating the duty of good landlordship and the right to peaceful enjoyment of the leased property.