Collo vs McDo

Correspondence · 31 Jan 1997

Registered letter Collorafi → McDonald's

Correspondence exchanged between the parties (or their counsel) in the course of the dispute.

Type
Correspondence
Date
31 Jan 1997
Parties
From Bernard Collorafi

Summary

Summary sheet

Letter Collorafi to McDonald's France · 31 January 1997

Overview: registered letter with acknowledgement of receipt sent by Bernard Collorafi to Denis Hennequin, chairman and chief executive of McDonald's France, following a meeting on 22 January with Isabelle Kuster.

Key points

Bernard Collorafi takes note of the allocation of the Antibes Ouest restaurant and expresses thanks for this trust. He nevertheless maintains his request for the allocation of the Vallauris restaurant, granted to Patrick Gilarski, which he considers discriminatory: in his view, Vallauris falls within his catchment area and not that of Gilarski, who is based in Cannes. He puts forward geographical arguments (the barrier of the Californie hills, distances of 5.8 km from Antibes Nord and 8.8 km from Cannes) and economic ones, estimating the impact at no less than 20% of his business, as the population of Vallauris does its shopping at the Carrefour in Antibes. He recalls that Isabelle Kuster allegedly confirmed, in return, a downward revision of the rental terms of his restaurants in order to ensure the profitability forecast in the opening projections. He states that he will remain vigilant and awaits a precise reply.

Significance

This correspondence documents, before the litigation, the disagreement over restaurant allocations and the alleged commitment to a revision of rents, elements taken up later in the dispute.

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Bernard COLLORAFI 21B Chemin de l'Estelle 06110 LE CANNET Le Cannet. 31 January 1997 Denis HENNEQUIN Chairman and Chief Executive Officer McDonald's France SA 1 Rue Gustave Eiffel 78045 GUYANCOURT CEDEX Registered letter with acknowledgement of receipt. Dear Denis, Following the meeting I had last Monday 22 January with Isabelle KUSTER, I noted: - that Patrick GILARSKI finally preferred to operate his restaurants as sole owner, instead of forming a joint venture with you; - that he will thus open VALLAURIS, which you are giving him; - that, lastly, you agree to allocate ANTIBES OUEST to me. I take note of this allocation and thank you warmly for the trust you show me. I can assure you that we will do everything to develop this restaurant with an excellent QSP. 2. However, for the reasons set out in my letter of 10 January, and which remain entirely relevant, I persist in asking that VALLAURIS also be allocated to me, which, as Isabelle points out, is a different municipality from ANTIBES, but, as I point out, is also a different municipality from CANNES where Patrick GILARSKI is located There is a natural barrier formed by the hills of La Californie where luxury residences are built and the Valmasque park without any housing. Moreover, this restaurant will be 7 minutes and 5.8 kilometres from ANTIBES Nord and the Shopping Centre where I am established and 14 minutes and 8.8 kilometres from CANNES where Patrick GILARSKI is established. It is obviously totally discriminatory to grant this restaurant to Patrick GILARSKI rather than to myself, since VALLAURIS is not in his catchment area and is on the contrary in my catchment area. This will impact me by at least 20%, since it is notably obvious that the entire population of VALLAURIS, whose purchasing power is the lowest in the region, comes to do its shopping at Carrefour in ANTIBES rather than in the expensive shops of CANNES. Given the harm caused notably to my profitability, I therefore persist in asking that the VALLAURIS restaurant be allocated to me It is clear, and Isabelle KUSTER agreed, that my catchment area goes beyond the municipality of ANTIBES. Isabelle confirmed to me that in return, the rent conditions of my restaurants would be revised downwards in order to ensure at the very least the profitability anticipated in the projections drawn up at the opening of each unit. I will remain vigilant as to the preservation of my interests and will not fail to make myself heard when I note breaches of the commitments that you have made. I await a precise reply, firmly maintaining the terms of my previous letters. Please accept, Dear Denis, my best regards.

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