If the contractual relationship between Franchisee and Franchisor terminates, the question is then whether the franchisee is entitled to a so called goodwill fee. Apart from cases where a contract is terminated on the basis of serious reasons on the part of the franchisee (misconduct, nonpayment and/or bankruptcy) in the Netherlands it is usually accepted that such a fee is justified by the investments made by the franchisee and this is therefore often a subject of negotiation in a sale or transfer to a subsequent entrepreneur (with the franchisor’s permission) or transfer to the franchisor. In the Netherlands I have not (yet) come across any case law that this is linked to the regulation of customer fees of (commercial) agents. In Austria there is case law whereby the franchisee is awarded a goodwill fee in circumstances similar to par. 24 HVertG goodwillcompensation for commercial agents, comparable to section 7:442 of the Dutch Civil Code (BW). This applies, for example, to situations where an entrepreneur trades and promotes products in a specific area at his own expense and risk and (to a large extent) links and aims his activities towards the producer, so that a relationship is formed that is very similar to that between an agent and a principal. A typical example of this is the relationship established by a franchise agreement, where there is usually a very close connection to the sales organisation (for example in connection with the format name, image and product range) of the franchisor.