Closed distribution systems (GDS) were the subject of two judgments handed down by the Dutch Administrative High Court for Trade and Industry (CBb) on 2 June 2026. In both cases, Stek represented interested third parties whose positions were ultimately upheld by the Court.
In the first case, Stek represented Utility Support Group (USG) B.V. in appeal proceedings concerning electricity transport charges within a closed distribution system. SABIC Petrochemicals B.V. argued that USG, as the operator of a GDS, should have applied a volume discount pursuant to Article 29(7) of the Dutch Electricity Act 1998. The CBb agreed with USG that this provision could not be relied upon because it was incompatible with EU law, meaning that no infringement could have occurred.
Click here for the CBb judgment (ECLI:NL:CBB:2026:235, in Dutch)
In the second case, Stek represented Netbeheer Nederland as an interested third party in proceedings concerning the conditions under which closed distribution systems may participate in congestion management services. VEMW had challenged decisions of the Dutch Authority for Consumers and Markets (ACM) relating to those conditions. The CBb held, in line with the ACM and Netbeheer Nederland, that the conditions are lawful. The fact that these conditions, although addressed to a CDS as a customer, also affect parties connected to the GDS does not alter that conclusion.
Click here for the CBb judgment (ECLI:NL:CBB:2026:234, in Dutch)
The Stek team consisted of Jan Erik Janssen and Tobias Kok.
