Stek victorious for Liander in dispute before ACM on transport refusal

Stek has successfully represented energy distribution company Liander in a dispute resolution procedure before the Dutch energy regulator (ACM) initiated by Park 15 Business (Park 15). Park 15 had submitted a complaint arguing that Liander’s transport refusal violated the Dutch Electricity Act.

By decision of 12 March 2021 ACM dismissed the complaint and ruled that Liander had reasonably no transport available for the requested transport. In addition, ACM ruled that Liander acted in accordance with its non-discrimination obligation.

After the previous cases with respect to producers of electricity (click here), this case provides more clarity on the required actions of a distribution company in the case of a lack of transport capacity for end-users.

Please click here for the news release and the decision of ACM (in Dutch).