Matters

Dutch electricity companies v Dutch State

May 1, 2010
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Matters

De Brauw has assisted five Dutch electricity companies in a successful case against the Dutch State. The companies were claiming damages of EUR 151 million, plus the interest accrued since 2005.

Electrabel Nederland, Nuon Power Generation, E.On Benelux, Essent Energy Trading, and Delta Energy were holding the Dutch State liable for the damages caused by a ruling of the European Court of Justice, in which a Dutch statutory import provision was declared invalid. In the provision, the State had given priority to the five energy companies regarding the import of electricity from the French company EDF (√Člectricit√© de France).

 

The European Court of Justice rejected the provision on the grounds that the State had not timely notified the provision to the European Commission to obtain an exemption from discrimination restrictions under the Electricity Directives. On 28 April 2010, The District Court in The Hague ruled against the Dutch State in favour of the electricity companies and awarded the claim for damages to be quantified in separate proceedings.

 

Team

Marnix Leijten

Bregje Korthals Altes

Leupien Giacometti

Wies Bratby

Jolling de Pree

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