Stek successfully represented all Dutch electricity distribution system operators through their representative organization Netbeheer Nederland in an appeal before the Administrative High Court for Trade and Industry (CBb). The appeal had been lodged against a decision of the energy regulator, the Authority for Consumers and Markets (ACM), that set maximum connection periods for making new and expanding existing small-scale electricity connections.
The distribution system operators are under a statutory obligation to perform those tasks within a ‘reasonable’ time frame. Netbeheer Nederland argued that the maximum connection periods set for small-scale connections to implement that obligation in the decision of ACM were unrealistically short and thereby unreasonable for the distribution system operators, e.g. when dealing with bulk requests and situations of shortage of transport capacity (‘congestion’) and would lead to an avalanche of civil claims.
In a landmark judgment of 17 September 2024 CBb sided with Netbeheer Nederland and quashed all maximum periods set by ACM.
Click here for the press release and the judgment of CBb (in Dutch).
