Author: Tom Meevis, Managing Partner & Lawyer at Law & More — Published: July 2026 | Updated: July 2026
Energy law used to be a subject that mainly concerned energy companies and large consumers. That is changing. Grid congestion, the Energiewet (Dutch Energy Act), energy-saving obligations and European reporting rules can have far-reaching consequences for businesses that consume, generate, feed back or want to expand their use of energy. Which rules apply depends, among other things, on energy consumption, the size of the business, the nature of the installation and its location. This article provides an overview of the main rules, obligations and risks that businesses in the Netherlands may encounter.
The Energiewet as the foundation
The Energiewet (Energy Act) has formed the central legal framework for electricity and gas in the Netherlands since 1 January 2026, replacing the Electricity Act 1998 (Elektriciteitswet 1998) and the Gas Act (Gaswet), both of which were repealed as of that date. For businesses, what matters most is the effect of the Act on connection, transport, supply, flexibility and own generation. The Act distinguishes, among other things, between small and large connections: a connection qualifies as large where its capacity exceeds 3 x 80 amperes for electricity, or more than 40 cubic metres per hour for gas (Article 1.1 Energiewet). As an end user, you are free to choose your supplier. An active customer, for example a business that generates or feeds back energy itself, can also enter into a separate agreement with a party offering demand response or aggregation (Article 2.1 Energiewet).
Energy contracts and security of supply
Commercial energy contracts vary considerably in term, pricing mechanism, security arrangements and termination options. Before signing, check at least the term and renewal mechanisms, how the price can change during the contract, the security or deposits required, the notice period and any early-termination fee, and the consequences of insolvency or licence revocation of the supplier. The Energiewet requires the supplier to draft the supply agreement transparently and completely, in clear language, and to provide it to the customer before the agreement is concluded, together with a summary of the key terms (Article 2.6 Energiewet). The supplier must also have a transparent and free internal complaints procedure (Article 2.8 Energiewet), and must provide a final statement upon termination of the agreement, in principle within six weeks (Article 2.13 Energiewet and Article 2.17 Energieregeling).
Where a fixed-term agreement is terminated early, an early-termination fee may be payable. A district court held that such a clause in a commercial energy agreement was not unreasonably onerous, because the calculation was substantiated and consistent with the applicable guidelines on early-termination fees (ECLI:NL:RBOBR:2026:3623). For variable contracts, it also matters that the pricing clause is not merely grammatically clear: a general reference to market developments may be insufficient to make the economic consequences for the customer understandable. In addition, the interpretation of a contractual provision is not purely linguistic, but also depends on what the parties could reasonably have expected from one another (ECLI:NL:GHDHA:2025:1772). For large consumers with their own generation facility or flexible consumption, it can be attractive to conclude a Power Purchase Agreement alongside a supply contract, covering matters such as the offtake of renewable energy, price, volume, guarantees of origin, imbalance and term. Such an agreement does not automatically replace the separate arrangements on connection, transport and balance responsibility, and therefore requires additional tailoring.
Grid congestion: the biggest bottleneck for businesses
Grid congestion is currently one of the most tangible energy-law bottlenecks for businesses. In large parts of the Dutch electricity grid there is insufficient capacity to establish new connections or expand existing ones. For businesses seeking to grow, decarbonise or electrify, this can mean that an application for a new or larger connection ends up on a waiting list. A business is, in principle, entitled to the transport of electricity up to the amount contracted and made available at the connection (Article 3.1.1a Netcode elektriciteit). On a complete application up to and including 10 MVA, the grid operator must in principle send a quote or rejection within ten working days; for a larger connection, it must indicate within ten working days by when a quote can be expected (Article 8.4 Netcode elektriciteit). Once a quote has been signed, the grid operator sets the final completion week (Article 8.13 Netcode elektriciteit); for certain connections the completion period can be 26 or 52 weeks, increased where relevant by a regional waiting period, and may be postponed in writing in cases of force majeure or circumstances beyond the grid operator’s control (Article 8.19 Systeemcode elektriciteit 2026). Grid operators apply a prioritisation framework when handling waiting lists; which criteria apply in a specific case, and which objection or dispute options are available against a refusal, must be assessed case by case.
Businesses have several options for dealing with a limited grid connection. Congestion management and demand steering can, for a fee or subject to conditions, make it possible to adjust consumption or feed-in at times when the grid is under the heaviest load. Capacity-limiting and flexible contracts can, subject to conditions, offer faster access to the grid in exchange for a limitation on the capacity taken or delivered at peak times. Cable pooling, the construction of a direct line between producer and customer, and joint energy hubs on a business park are other routes that can, subject to conditions, ease capacity problems. Targeted subsidies are now also available for investment in flexibility and battery storage. For each of these routes, careful legal and contractual structuring is essential, since the arrangements touch on the connection and transport agreement with the grid operator, as well as any agreements with neighbouring businesses or an energy hub.
Permits, connections and spatial planning
In addition to the energy contract and the connection itself, businesses often have to deal with permits directly related to energy use and generation. Consider the environmental permit for an environmentally hazardous activity, which under the Environment and Planning Act (Omgevingswet) sets requirements for energy consumption, emissions and installations such as heat pumps, combined heat and power (CHP) units or charging infrastructure. The construction of a business’s own generation capacity, such as a solar park on its own site or a wind turbine, will almost always require additional permits and coordination with the grid operator on the connection. Businesses planning such investments would do well to pursue the permit process and the connection procedure in parallel, since a permit without a timely connection has little value, and vice versa. Even where an energy rule serves a legitimate public purpose, such as environmental protection or infrastructure expansion, this does not automatically mean that every burden may be placed on an individual business: in the case of far-reaching restrictions, the legal basis, foreseeability, procedural safeguards and proportionality of the measure may be relevant. When applying for a permit, or in the event of a refusal, always ask for the identifiable criteria and the reasoning on which the decision is based.
Sustainability obligations: energy saving, audits and reporting
Energy law imposes not only rights but also concrete sustainability obligations on businesses. The energy-saving obligation requires businesses with substantial energy consumption to take energy-saving measures with a payback period of five years or less, coupled with a duty to report periodically on the measures taken. Large consumers, from 10 million kWh of electricity or 170,000 cubic metres of natural gas equivalent per site per year, are additionally subject to an investigation obligation, requiring periodic assessment of which saving measures are feasible. Which obligation applies, and under which regulation, depends on your site and should be checked on a location-by-location basis.
Separately, large undertakings are required under the European Energy Efficiency Directive to have an energy audit carried out once every four years, mapping the undertaking’s total energy consumption. For larger and listed companies, the Corporate Sustainability Reporting Directive (CSRD) adds a requirement for structured reporting on climate- and energy-related risks and performance. The scope and implementation timelines of the CSRD are the subject of an EU amendment process, the so-called Omnibus proposal, and may therefore change. Check, for your own business, which thresholds and deadlines are definitively in force at the time of consultation, rather than relying on an earlier assessment.
For businesses importing goods from outside the European Union, the Carbon Border Adjustment Mechanism (CBAM) may also be relevant, bringing obligations relating to the reporting of embedded emissions, verification and certificates (Regulation (EU) 2023/956, as amended by Regulation (EU) 2025/2083). Businesses that manufacture, import, trade in or operate batteries, for example in connection with battery storage, are subject to the EU Battery Regulation, which imposes requirements on sustainability, safety, labelling, registration and end-of-life processing, depending on the business’s role (Regulation (EU) 2023/1542).
Subsidies and tax incentives
Set against these obligations is a range of subsidies and tax schemes that make investment in energy saving and sustainability more attractive. The Energy Investment Allowance (EIA) makes it possible to deduct a substantial part of the investment cost of energy-saving business assets from taxable profit, over and above normal depreciation. The SDE++ scheme can provide support for certain categories of CO2-reducing projects; whether a project qualifies depends on the application round, the technology category, the ranking and the available budget. Targeted subsidies are also now available specifically for tackling grid congestion, covering research into and investment in flexibility and battery storage. A subsidy brings not only funding but also obligations regarding delivery, administration, monitoring and reporting throughout the entire project term. Because the terms, budgets and application windows of these schemes change regularly, businesses are advised to have the current conditions checked against a specific investment plan before taking irreversible steps.
Supervision and enforcement by the ACM
Supervision of the energy market in the Netherlands lies with the Authority for Consumers and Markets (ACM), designated as the regulatory authority under the Energiewet (Article 5.1 Energiewet). The precise competence depends on the subject matter: supervision of compliance with part of the rules lies with the ACM (Article 5.17 Energiewet), while for other matters it lies with the Minister (Article 5.18 Energiewet). In the event of a breach, the ACM can, among other things, issue a binding code of conduct or binding instruction (Article 5.20 Energiewet), impose an order subject to a penalty for non-compliance (Article 5.19 Energiewet), or impose an administrative fine (Article 5.21 Energiewet). In a dispute with a grid operator concerning the performance of its statutory tasks, a party can lodge a complaint with the ACM; its decision is binding, alongside any other available legal route (Article 5.4 Energiewet). A comparable route applies to disputes about demand response (Article 5.5 Energiewet). Depending on the nature of the dispute, consultation, an internal complaints procedure, a dispute procedure before the ACM, or court proceedings may be appropriate; the right route depends on the agreement, the decision, and the statutory division of competences.
What this means for your business
For most businesses, energy law translates into a combination of three things: managing your own energy contracts and connection, complying with sustainability and reporting obligations, and making use of the opportunities offered by the law and subsidy schemes to reduce energy costs and risks. Because the rules on grid congestion, energy saving and sustainability reporting are still very much in development, it is advisable to place energy-law issues on the agenda structurally rather than incidentally, for example when making investment decisions, negotiating energy contracts, and meeting annual reporting obligations. For specific situations, such as a refused connection, a dispute with a supplier, or the question of whether a sustainability obligation applies, tailored legal advice is often indispensable.
Frequently asked questions
Does my business have to have an energy audit carried out?
Large undertakings are required under the European Energy Efficiency Directive to have an energy audit carried out once every four years, mapping the undertaking’s total energy consumption. Whether your business falls within this scope depends on its size in terms of employees and turnover or balance sheet total. Smaller businesses are often not subject to the audit obligation, but may still be subject to the reporting and investigation obligations under the energy-saving obligation.
What can I do if my application for a new connection is refused due to grid congestion?
First establish what legal and technical grounds the grid operator relies on for the refusal, limitation or placement on a waiting list. Then look into whether alternatives such as a capacity-limiting contract, cable pooling, a direct line, or connection via an energy hub offer a solution. If, in your view, the refusal is not adequately justified, a complaint can be submitted to the ACM (Article 5.4 Energiewet) or proceedings can be brought before the courts.
Does the CSRD apply to my business?
That depends on your turnover and number of employees. The thresholds and implementation timelines of the CSRD are the subject of the EU’s Omnibus amendment process and may therefore change. Have the current position checked on a case-by-case basis, rather than relying on an earlier assessment.
Can I terminate my energy contract early?
This depends on the contract terms. Commercial energy contracts often have a fixed term with limited termination options and sometimes an early-termination fee. Such a fee can be justified where the calculation is substantiated and consistent with the applicable guidelines (ECLI:NL:RBOBR:2026:3623). When entering into a new contract, pay close attention to the notice period, any penalty clauses, and the conditions for interim price revisions.
What happens if my energy supplier goes bankrupt?
Regulation provides for continuity of supply where a supplier fails or loses its licence, but the precise consequences for your own contract, tariff and security arrangements depend on the circumstances. Check what security or deposits are set out in your contract, and have the consequences of a possible change of supplier assessed for your specific situation.
Is battery storage subject to a registration requirement?
Obligations relating to batteries do not follow from a single registration threshold, but from the EU Battery Regulation (Regulation (EU) 2023/1542), and depend on your role: manufacturer, importer, distributor, user of batteries in a product, or operator of a battery storage system. Establish which role applies to your business and which obligations regarding conformity, registration, information and processing follow from it.
Who can I turn to in a dispute with the grid operator or supplier?
In a dispute about a grid operator’s performance of its statutory tasks, a complaint can be lodged with the ACM; its decision is binding (Article 5.4 Energiewet). In addition, recourse to the civil courts remains available, for example where the dispute concerns the interpretation or performance of an agreement. Build your file from the outset: record the application, correspondence with the grid operator, and the consequences for your business in writing.
Which subsidies are relevant for the sustainability of my business?
Commonly used schemes include the Energy Investment Allowance for energy-saving business assets, the SDE++ scheme for CO2-reducing investments, and targeted subsidies for research into and investment in flexibility and battery storage in connection with grid congestion. A subsidy also brings obligations throughout the entire duration of the project. Because conditions, budgets and application periods change regularly, it is advisable to check the current conditions before making an investment decision.
