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Stek successful for DONG, RWE and Eneco in reclaiming tens of millions of euros from Gasunie

Lawyers:
Jan Erik Janssen
Stephanie Dielemans

Stek has successfully represented the shippers DONG Energy (DK), RWE Trade & Supply (D) and Eneco in reclaiming many tens of millions of euros in paid tariffs. It concerns tariffs for the WQA (Wobbe Quality Adaptation) service of Gasunie Transport Services (GTS) at the Gate LNG terminal in Rotterdam. By dispute resolution decisions of 27 November 2015 and 5 April 2016 the Authority of Consumers and Markets has ruled that GTS (i) until a change in law on 1 October 2014, has unlawfully charged tariffs for the WQA service because this service qualifies as quality conversion and the costs thereof are covered in the regulated transport tariffs of GTS and (ii) as from 1 October 2014 has charged too high and insufficiently transparent tariffs for the WQA service. As part of a broad settlement agreement with the State and representative organisations of 23 February 2017 GTS has withdrawn its appeals against these dispute resolution decisions, making inter alia the repayments final.