Stek has successfully represented the industry association of heat companies in the Netherlands, Vereniging Energie-Nederland (“VEN”), in a case on the admissibility of individuals in administrative proceedings against the maximum heat supply tariffs set by the Dutch energy regulator, the Authority for Consumers and Markets (“ACM”).
The case revolved around an individual challenging the decision of ACM setting the maximum supply tariffs for the year 2023. In its decision on the objections of 14 July 2023 ACM ruled the objections of the individual unfounded, but for the largest part admissible with reference to new administrative law developments.
VEN intervened in the subsequent appeal of the individual before the Administrative High Court for Trade and Industry (“CBb”). By judgement of 10 December 2024 CBb sided with VEN, quashed the decision on the objections and ruled the individual inadmissible in accordance with settled administrative case-law. Individuals can challenge the heat decisions when represented by a representative organization as provided for in the Heat Act.
The judgement of CBb will have a profound impact on the procedures before ACM against the decision setting the maximum heat supply tariffs for the year 2024, which are still ongoing and in which Stek also represents VEN.
Click here for the decision on the objections of 14 July 2023 of ACM and here for the judgement of CBb of 10 December 2024 (both in Dutch).
