Stek victorious for electricity distribution companies in dispute before ACM on standard payment term

Stek has successfully represented electricity distribution companies Enexis Netbeheer, Liander and Stedin Netbeheer in a dispute resolution procedure before the Dutch energy regulator (ACM) initiated by a collective of the large Dutch real estate managers. The real estate managers had submitted a complaint arguing that the payment term of the distribution companies of 14 days is unreasonably short and violates section 26a, subsection 1, of the Dutch Electricity Act.

By decision of 20 October 2022 ACM dismissed the complaints and ruled that the distribution companies have not violated the Dutch Electricity Act. In the decision ACM also rules on the admissibility of certain complaints in light of the judgment of the Court of Justice of the EU of 8 October 2020 in the Crown van Gelder versus ACM case. For the relevance of this judgement for the dispute resolution procedure in the Electricity Act, we refer to our ILO-article of May 2021.

Click here for the press release and the decision of ACM (in Dutch).