Electricity distribution companies Enexis Netbeheer, Liander and Stedin Netbeheer were recently successful in a dispute resolution procedure before the Dutch energy regulator, Authority for Consumers & Markets (ACM), initiated by a collective of the large Dutch real estate managers. The real estate managers had submitted a complaint arguing that the 14-day payment term of the distribution companies was unreasonably short and violated section 26a (1) of the Dutch Electricity Act.

On 20 October 2022, the ACM dismissed the complaints and ruled that the distribution companies had not violated the Dutch Electricity Act. In this decision, the ACM also ruled on the admissibility of certain complaints in light the Court of Justice of the European Union's judgment on 8 October 2020 in the Crown van Gelder versus ACM case. For the relevance of this judgement on the dispute resolution procedure in the Electricity Act, please see "Crown Van Gelder decision – more clarity on scope of energy dispute resolution procedure?".

For further information on this topic please contact Bart van Oorschot at Stek Advocaten BV by telephone (+31 20 530 52 00) or email ([email protected]). The Stek Advocaten BV website can be accessed at www.stek.com.