In Need of an
Energy Lawyer

Your grid connection is refused because the network is full. A supplier wants to end an energy contract early, or you want to set up a private grid on an industrial site correctly. We act as energy lawyer in the Netherlands for companies, industrial users, utilities, developers and energy communities, on the Energy Act, grid connections, energy contracts and renewable energy projects.

Energy law in the Netherlands is changing fast. New legislation, scarce grid capacity and the energy transition affect almost every commercial and industrial user of electricity and natural gas. A Dutch energy lawyer helps you turn those rules into workable contracts and projects.

When do you need an energy lawyer in the Netherlands?

An energy lawyer advises on the supply, transport, generation and storage of energy, and on disputes about them. That ranges from contracts and permits to proceedings before the Netherlands Authority for Consumers and Markets (ACM) and the courts.

You will probably recognise one or more of these situations:

• as a utility company, you supply electricity, gas, steam or water to other companies on an industrial site and want to know which rules apply;
• you operate a private grid on a business park and are unsure whether it is a closed distribution system that requires ACM recognition;
• you want to transfer a grid, or part of it, to a system operator such as TenneT or a regional grid operator;
• the grid operator offers no transport capacity, or only a flexible contract;
• you are negotiating a supply agreement, a connection and transport agreement or a power purchase agreement (PPA);
• your counterparty ends an energy contract early and you want to know which fee you can claim or must pay;
• you are developing a solar park, wind project or battery energy storage and face permits, subsidies and a grid connection.

What changes under the Energy Act?

The Energy Act (Energiewet) has been in force since 1 January 2026 and replaces the Electricity Act 1998 and the Gas Act. The rules for electricity and natural gas are now in one act, with new numbering and partly new concepts.

For companies, the rights of customers and the duties of grid operators matter most. The act now speaks of system operators (systeembeheerders) instead of grid operators. Customers may generate, store and sell energy themselves and offer their flexibility to the market. Energy communities, in which members jointly generate and share energy, have a statutory basis for the first time.

For running contracts and proceedings, the old law may still apply under the transitional rules of the Energy Act. References in existing contracts to articles of the Electricity Act 1998 are often no longer correct. An energy lawyer in the Netherlands can review supply, connection and grid contracts from before 2026 for compliance with Dutch law as it now stands.

When is your grid a closed distribution system?

A closed distribution system is a grid that distributes energy within a geographically confined industrial or commercial site to a limited group of customers. It requires recognition by the ACM, and lighter obligations then apply than to a public grid.

On many industrial sites one party, often a utility company, supplies energy to the other companies on site. The law then distinguishes between a closed distribution system, a direct line and an installation without network character. The name the parties use is not decisive. What counts are the facts: who owns the infrastructure, who is connected and how the site is set up technically.

The core criteria come from the EU Electricity Directive (Directive (EU) 2019/944):

• the grid is located on a geographically confined industrial or commercial site, or a site of shared services;
• in principle, no household customers are connected;
• the operations of the connected users are integrated for technical or safety reasons, or the grid mainly supplies the owner or operator and related companies.

Under the Electricity Act 1998, an operator obtained an exemption from the ACM. Under the Energy Act, you apply for recognition. Existing exemptions should be tested against the new criteria. As operator of a closed system, you must still handle connection requests carefully and apply objective, transparent conditions and tariffs.

What is involved in transferring a grid to a system operator?

An industrial grid can be transferred to a system operator, for example a high-voltage grid to TenneT. Ownership, property rights and contracts with connected users must then be arranged properly.

Under Article 5:20(2) of the Dutch Civil Code, cables and pipes belong to the grid operator or owner of the network, not to the landowner. A right of superficies (opstalrecht, Article 5:101 of the Dutch Civil Code) usually secures the right to keep cables in someone else's land. Valuation of the infrastructure and the position of existing users also need attention.

What can you do about grid congestion or a refused connection?

The grid operator must connect you, but may limit or refuse transport if capacity is demonstrably lacking. If you disagree, you can submit a dispute to the ACM and, in urgent cases, go to court.

Grid congestion means the electricity grid in an area has reached its limit. The grid operator must then first investigate whether congestion management is possible. Under congestion management, the operator pays existing users to reduce consumption or feed-in at peak times. Since 2024, the ACM applies a prioritisation framework. Projects that relieve congestion and certain social functions, such as safety, healthcare and education, get priority in the queue.

Grid operators increasingly offer flexible (non-firm) transport contracts. You get less certainty about capacity, for example only at certain times, in exchange for a lower tariff. Check the conditions under which the operator may curtail you and what that means for your production planning. In purchase, construction or lease agreements, include a condition precedent linked to capacity actually becoming available.

What should energy contracts and PPAs cover?

Energy contracts revolve around capacity, price, term, liability and the consequences of early termination. An early termination fee must be clearly calculated and proportionate to the actual loss or investment.

A PPA is a long-term contract under which you buy electricity directly from a wind or solar park, outside the exchange. The producer gains financing certainty and you gain price certainty. You demonstrate green origin with guarantees of origin, which in the Netherlands are issued by VertiCer.

Which fee applies on early termination?

Many long-term energy contracts contain a fee for early termination. It often covers investments the supplier has not yet recovered, such as a connection or installation on site.

If the fee is a penalty, the court can reduce it under Article 6:94 of the Dutch Civil Code where applying it would clearly be unacceptable. Reasonableness and fairness (Article 6:248) and unforeseen circumstances (Article 6:258) can also play a role. A claim for performance is in principle time-barred after five years (Article 3:307). Have the calculation checked before you pay or bring a claim.

Which rules apply to solar, wind and energy storage?

A renewable energy project usually needs an environmental permit, a grid connection and often a subsidy. Since 1 January 2024, the Environment and Planning Act (Omgevingswet) governs permits for these projects.

The permit assessment covers spatial planning, noise, nature and safety, so environmental law is always part of the project. The municipality is usually the competent authority; for larger projects, the province or the Dutch government. Under the regular procedure, the authority decides in principle within eight weeks, with one extension of six weeks. Local residents and other interested parties can object or appeal within six weeks (Article 6:7 of the General Administrative Law Act). That partly determines when you can build with certainty.

Battery energy storage raises its own issues: whether a permit is required, fire safety, the grid connection and your role on the energy market. Energy storage projects attract significant investments, so these points belong in the business case from the start.

How do SDE++ subsidies work?

The SDE++ scheme compensates the gap between the cost price of sustainable energy and the market price. You apply to the Netherlands Enterprise Agency (RVO) during an opening round. A subsidy decision contains conditions, such as a deadline for realisation. Missing it risks reduction or recovery of the subsidy. You can object to a refusal or final determination within six weeks.

What does the end of net metering mean?

The net metering scheme (salderingsregeling) ends on 1 January 2027. Small users with solar panels can then no longer offset electricity fed back into the grid against electricity consumed. Their supplier pays a feed-in compensation and may charge reasonable and transparent feed-in costs. For commercial contracts, the agreement mainly determines what applies.

What about heat networks and hydrogen?

Heat networks are governed by the Heat Act (Warmtewet), which protects small users. The ACM sets a maximum price for heat each year. A new Collective Heat Act (Wet collectieve warmte) is set to replace the current regime, with a larger role for public parties.

For hydrogen, an EU legal framework for hydrogen networks and markets is being implemented. In the Netherlands, a national hydrogen transport network is being developed by a subsidiary of Gasunie. If you invest in hydrogen production or use, contracts on capacity, offtake and permits deserve early legal attention.

How do you resolve an energy dispute before the ACM or the courts?

A dispute with a grid operator about connection, transport or tariffs can be submitted to the ACM, which takes a binding decision. A dispute about a supply or other energy contract between companies is decided by the civil courts, unless you agreed on arbitration.

The ACM is the main regulatory authority for the energy market and supervises grid operators. It sets tariffs and conditions for grid operators, can impose fines and settles disputes between grid operators and connected users. Against an ACM decision, an appeal ultimately lies with the Trade and Industry Appeals Tribunal (College van Beroep voor het bedrijfsleven, CBb). The period for that is six weeks (Article 6:7 of the General Administrative Law Act). In urgent cases, such as an imminent disconnection, you can start summary proceedings.

How does working with Law & More work?

As your energy lawyer in the Netherlands, we work in four phases. For each phase we agree in advance what we will do and what it will cost.

1. Intake. In a free introductory meeting we discuss your situation, your goal and the deadlines that are running. We request the relevant documents, such as contracts, correspondence with the grid operator and ACM decisions.
2. Advice. We analyse your position under the Energy Act, the contract and the ACM rules. You receive clear advice on risks, chances and approach, in English or Dutch.
3. Negotiation. We negotiate on your behalf with the grid operator, supplier, customer or other party. Many issues are resolved with a well-reasoned letter or amended contract terms.
4. Proceedings. If that fails, we file a dispute with the ACM, start objection or appeal proceedings, or litigate before the civil courts or in arbitration.

What does an energy lawyer in the Netherlands cost?

The hourly rate of a lawyer at Law & More is between 250 and 350 euros excluding VAT. For a partner, it is between 300 and 400 euros excluding VAT. We always discuss the rate and an estimate of the costs in advance.

The introductory meeting is free of charge. A one-off advice meeting without further assistance costs 300 euros including VAT. Our law firm is based at Marconilaan 13 in Eindhoven, has a visiting location in Amsterdam and provides legal assistance to energy companies and users throughout the Netherlands.

Which articles help you further?

• The Energy Act explained
• Grid congestion management: rights and legal remedies
• Power purchase agreement
• SDE++ subsidy
• Energy storage
• Net metering scheme
• Transfer of cables and pipelines under Dutch law
• How the Heat Act protects you on heat grids

Information from the regulator is available on the ACM energy pages.

Frequently asked questions

When did the Energy Act enter into force?

The Energy Act entered into force on 1 January 2026. It replaces the Electricity Act 1998 and the Gas Act. For running contracts and proceedings, the old law may still apply under the transitional rules.

Does my grid on a business park need an ACM decision?

That depends on how your grid qualifies. A closed distribution system on a confined industrial or commercial site requires recognition by the ACM under the Energy Act. A direct line or an installation without network character falls under different rules.

Can a grid operator refuse my connection because of grid congestion?

The grid operator must connect you, but may limit or refuse transport if capacity is demonstrably lacking. It must first investigate whether congestion management is possible. If you disagree with the refusal, you can submit a dispute to the ACM.

Can a court reduce an early termination fee in an energy contract?

If the fee is a penalty, the court can reduce it under Article 6:94 of the Dutch Civil Code where applying it would clearly be unacceptable. If it compensates unrecovered investments, the court mainly reviews the calculation and its reasonableness. Have the calculation checked in advance.

When does net metering end?

The net metering scheme ends on 1 January 2027. Small users then receive a feed-in compensation from their supplier, which may charge reasonable and transparent feed-in costs. For commercial users, the contract mainly determines what applies.

When do I need an energy lawyer in the Netherlands rather than a general lawyer?

You need a specialised energy lawyer when your matter involves the Energy Act, ACM rules or grid operators. That applies to grid connections, closed distribution systems, PPAs and disputes before the ACM or the CBb. These areas combine regulation, contract law and administrative law.

In doubt about your position? Tell us about your situation. We will let you know within one working day what your options are. Contact us, call +31 40 369 06 80 or e-mail info@lawandmore.nl.

This page provides general information and does not replace advice on your specific situation.