Stek successfully represented grid operator Liander in the appeal filed by Jumbo Supermarkets (“Jumbo”) with the Arnhem-Leeuwarden Court of Appeal (the “Court of Appeal”) against two preliminary injunction rulings issued by the court in summary proceedings of the Gelderland District Court on 20 September 2023 and 6 December 2023 (both in Dutch) (the “preliminary injunction rulings”).
In the preliminary injuction rulings, the court in summary proceedings held, among other things, that Liander is not obligated to offer transport capacity to Jumbo due to congestion on the electricity distribution system in and around Emmeloord and that Liander is not required to provide a specific, enforceable commitment regarding the date by which Liander will be able to offer Jumbo the requested transport capacity.
By judgement of 12 November 2024, the Court of Appeal upheld the preliminary injunction rulings, except for the part concerning Jumbo’s claim for an update of the relevant congestion report – which Liander must complete by 18 April 2025. The judgment has been published and can be accessed via this link (in Dutch).
