Stek successfully represented Budget Energie, part of Budget Thuis, in a key case against a consumer concerning the reduction of the feed-in compensation for electricity from 100% to 50% of the base supply rate per kWh.
The case was brought by a consumer who argued that the reduction was in breach of the supply agreement and the law. The consumer requested a ruling requiring Budget Energie to compensate feed-in electricity, after net metering, at the full base supply rate or a percentage set by the court.
The court ruled that Budget Thuis acted within its rights to adjust the feed-in compensation, as allowed by the supply agreement and general terms. The consumer was also informed about this in a timely manner. Budget Thuis justified the reduction of the feed-in compensation by citing market developments like oversupply on sunny days and the lack of a statutory minimum percentage for feed-in compensation. The court determined that the consumer did not prove the reduction was unreasonable, partly because the Dutch energy regulator, the Authority for Consumers & Markets, had not found the reduction to be unreasonable. Furthermore, the consumer’s references to an outdated policy rule and a withdrawn legislative proposal failed to convince the court. The court therefore dismissed the claims of the consumer.
Click here for the judgment of the district court, dated 5 December 2024.
