Stek successfully represented energy supplier Eneco in a key case against a consumer regarding the transfer of the customer base from the bankrupt energy supplier Welkom Energie.
The consumer had an energy contract with Welkom Energie and argued that Eneco, following Welkom Energie’s bankruptcy in the autumn of 2021 and the subsequent transfer of its customer base, was obliged to apply the original tariffs agreed with Welkom Energie. However, Eneco had implemented new tariffs and charged these to the consumer.
The court ruled that Eneco was entitled to charge its own tariffs, as this follows from the regulatory framework chosen by the legislator. The purpose of this framework is to ensure the continuity of energy supply for consumers in the event of an energy supplier’s bankruptcy. Without this framework, the consumer would have been left without an energy contract after the bankruptcy of Welkom Energie.
Therefore, the court further found that Eneco was not bound by Welkom Energie’s pricing and that a new contract had been established, under which Eneco was entitled to apply its own tariffs. The lack of choice on the part of the consumer was considered by the court to be a consequence of the energy supply security system envisioned by the legislator.
According to the court, Eneco informed the consumer of the new tariffs as promptly as possible and did not charge unreasonable rates. Therefore, according to the court, there was no violation of the obligation to provide information. Moreover, the consumer retained the option to terminate the contract with Eneco but chose to remain a customer for two years. The court also ruled that the consumer had not entered the contract under an error.
The consumer’s claims were dismissed by the court.
Click here to view the judgment of the court, dated 8 April 2025.
