Stek has successfully represented the electricity distribution system operators, through their representative organization Netbeheer Nederland, in an appeal initiated by Energie-Nederland before the Administrative High Court for Trade and Industry (“CBb”) against a decision of the Dutch energy regulator, the Authority for Consumers and Markets (“ACM”), on congestion management.
Appellant among other things argued that ACM had unlawfully based the determination of the congestion (and subsequent measures to be taken) on the transport forecasts of market participants after close of the day-ahead market. Furthermore, appellant claimed that a so-called market restriction (marktrestrictie) should be qualified as ‘redispatch’ based on the EU Electricity Regulation because it should be considered an infringement of market parties’ freedom of dispatch and as such be compensated for.
Netbeheer Nederland assisted ACM in defending the decision. In an extensively substantiated ruling of 11 June 2024 CBb ruled the arguments of ACM and Netbeheer Nederland valid and ruled that the appeal was unfounded.
Click here for the press release and the ruling of CBb (in Dutch).
