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Energy Law Expertise
Energy Lawyer
The energy sector is undergoing the most fundamental transformation in a century. The transition from fossil fuels to renewable energy is not only a technological and commercial challenge — it is above all a legal and regulatory one. From the permitting of solar parks and wind farms to Power Purchase Agreements, grid access disputes, hydrogen infrastructure, and energy community governance, every step of the energy transition involves complex legal questions.
The Netherlands has set binding climate targets under the Climate Act (Klimaatwet): 55% reduction in CO₂ emissions by 2030 and full climate neutrality by 2050. These targets drive an avalanche of new legislation, regulation, and government decisions that directly affect energy producers, consumers, grid operators, developers, and investors. At the same time, energy market volatility — accelerated by the energy crisis of 2022–2023 — has exposed companies to serious contractual risks around pricing, delivery, and force majeure.
Law & More’s energy lawyers advise clients across the entire energy value chain: from renewable energy project developers and grid operators to industrial energy consumers, energy communities, and investors in the energy transition.
Our energy law services include:
- Renewable energy project development: solar, wind, and offshore wind
- Permitting and environmental law (omgevingsvergunningen, RCR procedures)
- Power Purchase Agreements (PPAs) and energy trading contracts
- Grid access, grid congestion, and network regulation
- Energy storage: battery systems and pumped hydro
- Hydrogen: production, transport, and regulation
- Heat supply law (Wet collectieve warmtevoorziening)
- Energy communities and cooperative energy projects
- Emissions trading and EU ETS compliance
- Energy efficiency obligations (EED, ESCO contracts)
- Subsidy law: SDE++, SCE, and ODE regulations
- Energy supply contracts for large consumers
- Disputes with regulators (ACM, RVO) and grid operators
- Expropriation and land rights for energy infrastructure
Our expertise in energy law
Solar energy
We focus on energy law that focuses on wind and solar energy.
Environmental law
Both Dutch and European laws apply to environmental law. Let us inform and advise you.
Emission rights/ emission trading
Are you looking for a specialist on emissions trading? We are happy to help you further!
Energy producer
Our corporate lawyers can assess agreements and give advice on them.
“Law & More lawyers are involved and can empathize with the client’s problem”
Renewable Energy & Project Development
Developing a renewable energy project in the Netherlands involves navigating a complex web of permits, land rights, grid connection procedures, subsidy applications, and contractual arrangements. Whether you are developing a rooftop solar installation, a ground-mounted solar park, an onshore wind farm, or investing in offshore wind, the legal process is demanding — and mistakes are costly.
Law & More guides project developers, investors, and landowners through every phase of a renewable energy project.
Solar energy (zon-PV):
- Land lease agreements and roof rental contracts (huurovereenkomsten voor daken)
- Environmental permits (omgevingsvergunning) and zoning plan amendments (bestemmingsplanwijziging)
- SDE++ subsidy applications and grant agreements
- Grid connection agreements with network operators (Liander, Enexis, Stedin, TenneT)
- Sale and transfer of operational solar projects
- Disputes about permit refusals or neighbouring objections
Onshore wind energy:
- Coordination Regulation (Rijkscoördinatieregeling, RCR) procedures for large wind farms
- Participation requirements and community benefit obligations
- Land easements (erfdienstbaarheden) and right of way for turbine foundations and cables
- Noise, shadow flicker, and radar obstruction regulations
- Decommissioning and site restoration obligations
- Neighbour relations and objection procedures
Offshore wind energy:
- Kavelbesluit procedures and offshore wind permit applications
- Cable landing and onshore infrastructure permits
- EPC and O&M contracts for offshore projects
- Joint venture and consortium agreements for offshore wind tenders
- Interaction with TenneT for offshore grid connection
Client Stories
What Our Clients Say
Our Energy lawyers are ready to assist you:
- Direct contact with a lawyer
- Short lines and clear agreements
- Available for all your questions
- Refreshingly different. Focus on client
- Fast, efficient and result-oriented
Grid Congestion and Grid Connection
In order to ensure that a future-proof energy and climate policy is pursued, the Netherlands has concluded the Energy Agreement for Sustainable Growth. The aim of this agreement is to have the Netherlands run entirely on sustainable energy by 2050. The Energy Agreement contains various objectives for companies that require them to save energy. In addition, the Dutch government has entered into long-term agreements with a large number of sectors to monitor the improvement of energy efficiency. The companies that are part of these agreements will have several advantages: they will benefit from cost savings, multiple process innovations and a sustainable image.
But there are also several obligations associated with the multi-year agreements. These agreements are complicated and large numbers of rules are drawn up. Is your company also affected by the new regulations? The right legal support is important, so that you know where you stand. Please contact Law & More and we will be happy to help you.
Grid congestion (netcongestie) has become one of the most urgent legal challenges in the Dutch energy market. Large parts of the Dutch electricity grid are congested — meaning that new connections are delayed by years, and existing users face curtailment of their production or consumption. This creates major legal risks for energy producers, large consumers, and project developers.
Law & More advises clients on their legal rights and options in dealing with grid congestion and connection disputes.
We advise on:
- Legal rights to grid connection under the Elektriciteitswet and the new Energiewet
- Challenging unreasonable connection waiting times or refusals by the network operator
- Congestion management agreements and curtailment procedures
- Capacity rights trading and transport capacity arrangements
- Legal obligations of network operators (TenneT, Liander, Enexis, Stedin) under their licence conditions
- Smart charging, demand response, and flexibility contracts as congestion solutions
- Disputes with ACM (Authority for Consumers and Markets) over connection decisions
- Battery storage and local energy systems as grid congestion workarounds
- Legal aspects of the Net op zee (offshore grid) regulations
- Procedures before the ACM and appeals to the court in grid connection disputes
Power Purchase Agreements and Energy Contracts
A Power Purchase Agreement (PPA) is a long-term contract between an energy producer and a buyer (off-taker) for the purchase of electricity at a fixed or formula-based price. PPAs have become the primary financing mechanism for new renewable energy projects in the Netherlands — particularly corporate PPAs (CPPAs) between developers and large industrial or commercial energy users.
At the same time, the energy crisis of 2022–2023 has highlighted the enormous financial risks embedded in energy contracts — from price review clauses and force majeure provisions to indexation mechanisms and credit support requirements.
We draft, review, and negotiate:
- Corporate PPAs (physical and virtual/financial PPAs)
- Long-term electricity and gas supply contracts for large consumers
- Short-term energy trading contracts (EFET standard terms)
- Balancing and imbalance agreements
- Heat supply contracts and collective heat agreements
- Biogas and biomass supply agreements
- Green gas injection contracts with gas network operators
- Guarantees of Origin (GOs) and REGOs: purchase and sale agreements
- Energy as a Service (EaaS) contracts
- Demand response and flexibility service agreements
- Force majeure and price revision clauses in energy contracts
- Termination rights and early exit mechanisms
Hydrogen & New energy carriers
Hydrogen is widely regarded as a cornerstone of the energy transition — particularly for sectors that are difficult to electrify, such as steel, chemicals, and heavy transport. The Netherlands, with its existing gas infrastructure and port facilities at Rotterdam and Amsterdam, is positioning itself as a European hydrogen hub.
The legal framework for hydrogen is developing rapidly. The EU Hydrogen and Decarbonised Gas Market Package and the Dutch Waterstofwet (Hydrogen Act) are reshaping the regulatory landscape for hydrogen production, transport, and storage.
We advise hydrogen project developers, investors, and industrial users on:
- Regulatory status of hydrogen under the evolving Energiewet and EU gas market rules
- Permitting for electrolysis and green hydrogen production facilities
- Repurposing of natural gas infrastructure for hydrogen transport
- Hydrogen storage permits (including underground storage in salt caverns)
- Hydrogen offtake and supply contracts
- Blending of hydrogen into the natural gas network: legal conditions and limits
- Subsidy instruments for hydrogen: SDE++ (electrolysis), IPCEI Hydrogen, and Horizon Europe
- Import contracts and legal aspects of international hydrogen supply chains (ammonia, LOHC)
- Carbon Capture and Storage (CCS) and blue hydrogen: regulatory framework
- Legal aspects of hydrogen certification and guarantees of origin for hydrogen
District Heating
District heating networks (warmtenetten) play an increasingly important role in the Netherlands’ heat transition — particularly in cities. The legal framework for heat supply has undergone fundamental reform with the Wet collectieve warmtevoorziening (Wcw), which entered into force in 2023 and replaces the older Warmtewet from 2014.
The Wcw introduces important new rules for heat suppliers, consumers, and municipalities — including a public ownership requirement for new heat networks, a new tariff system, and reinforced consumer protections.
We advise on:
- Obligations and rights under the Wet collectieve warmtevoorziening (Wcw)
- Heat supply contracts: drafting, review, and compliance with maximum tariff rules
- Public ownership requirement for new heat networks: structuring compliant concession agreements
- Municipal heat concession procedures and governance
- Geothermal energy (aardwarmte): drilling permits, liability, and supply contracts
- Aquifer Thermal Energy Storage (ATES/WKO): permitting and operation
- Residual heat agreements with industrial suppliers
- Biomass and waste-to-energy heat contracts
- Connection and supply obligations for heat network operators
- Consumer disputes about heat tariffs, quality, and supply interruptions
- Transition from gas to heat networks: rights and obligations of affected residents
Energy Communities and Energy Cooperatives
Energy communities and cooperative energy projects are rapidly growing in the Netherlands, driven by EU policy under the Clean Energy for All Europeans package — specifically the Renewable Energy Directive (RED III) and the Internal Electricity Market Directive (IEM), which grant citizens and local communities the right to produce, share, and sell renewable energy collectively.
In the Netherlands, the legal framework for energy communities is still developing, but the Energiewet (the new Energy Act, which replaces the Elektriciteitswet and Gaswet) will formally recognise and regulate energy communities and peer-to-peer energy sharing.
We advise energy communities and cooperative developers on:
- Legal structure for energy communities: coöperatie, VvE, BV, or stichting?
- Net metering (saldering) rules and the transition to new sharing arrangements
- Postcoderoos (postal code rose) subsidy scheme (SCE): application and compliance
- Member agreements: rights, obligations, and exit provisions
- Grid sharing and local energy sharing agreements
- PPAs between the energy community and its members
- Battery storage and flexibility within the community
- Interaction with the local grid operator and ACM regulation
- Community wind projects and participation obligations under the Klimaatakkoord (50% local ownership norm)
- Governance disputes within energy cooperatives
Emission Trade and EU ETS
The EU Emissions Trading System (EU ETS) is the world’s largest carbon market and a central pillar of European climate policy. From 2024 onwards, the ETS has entered a significantly more stringent phase under the EU’s Fit for 55 package: the free allocation of permits is being phased out, the cap on total emissions is being reduced faster, and the scope of the ETS is being extended to new sectors including maritime shipping and — from 2027 — road transport and buildings (ETS2).
At the same time, the EU Carbon Border Adjustment Mechanism (CBAM) is introducing carbon pricing on imports of carbon-intensive goods, creating new legal obligations for European importers.
We advise companies on:
- Obligations under the EU ETS: monitoring, reporting, and verification (MRV)
- Free allocation of emission allowances and the National Allocation Plan
- Purchasing and surrendering EUAs (EU Allowances) on the carbon market
- CBAM obligations for importers of steel, cement, aluminium, fertilisers, and hydrogen
- Voluntary carbon markets and carbon offset contracts (Gold Standard, VCS)
- Guarantees of Origin (GOs) for renewable electricity: issuing, trading, and compliance
- Disputes with the NEa (Nederlandse Emissieautoriteit) and appeals procedures
- Carbon accounting in corporate sustainability reporting (CSRD, ESRS)
- Structuring carbon credit purchase agreements and forward contracts
Energy Performance Obligations and ESCO
The EU Energy Efficiency Directive (EED), implemented in the Netherlands via the Energiebesparingsverplichting and the Activiteitenbesluit milieubeheer, obliges many companies to take cost-effective energy-saving measures. Since 2023, the obligations have been significantly tightened: companies with an annual energy consumption above 50,000 kWh electricity or 25,000 m³ of gas must now also report their measures digitally via the eLoket of the RVO (Rijksdienst voor Ondernemend Nederland).
Energy Performance Contracting (EPC) via an Energy Service Company (ESCO) is one of the most effective ways to finance and implement energy efficiency improvements. However, ESCO contracts are complex — with performance guarantees, measurement and verification (M&V) obligations, and risk allocation being key legal issues.
We advise on:
- Compliance with energy savings obligations under the Activiteitenbesluit milieubeheer
- Recognised energy-saving measures (erkende maatregelen) and the MJA3/MEE agreements
- Enforcement by the local environment authority (Omgevingsdienst) and the role of the NVWA
- Drafting and reviewing ESCO contracts and Energy Performance Contracts (EPCs)
- Measurement and verification (M&V) protocols and performance guarantee structures
- Financing energy efficiency: EIB loans, Invest-NL, and energy efficiency subsidy schemes
- Large-scale energy audits: legal obligations and reporting requirements
- Green leases: energy efficiency obligations in commercial rental agreements
Permits & Environmental and Planning Law
Every energy project — from a small rooftop solar installation to a large offshore wind farm — requires one or more permits. The Dutch permitting system has been fundamentally reformed by the Wet ruimtelijke ordening (Wro) and the Omgevingswet, which entered into force on 1 January 2024 and consolidates 26 laws and more than 100 separate regulations into a single framework. Understanding the new permit landscape is essential for any energy developer.
We advise energy developers and project owners on:
- Omgevingsvergunning for energy installations under the new Omgevingswet
- Zoning plan amendments (omgevingsplan wijzigingen) for energy projects
- Rijkscoördinatieregeling (RCR) for large energy infrastructure (>100 MW)
- Environmental impact assessments (MER and m.e.r.-beoordeling) for energy projects
- Interaction with Natura 2000 areas: the nitrogen problem (stikstof) and energy projects
- Appeals against permit refusals: procedures before the rechtbank and Raad van State
- Expropriation (onteigening) and cable/pipeline rights of way (gedoogplicht)
- Public participation requirements in energy project planning
- Grid infrastructure permits: TenneT and regional network operators
- Cross-border energy infrastructure: European Projects of Common Interest (PCIs)
Energy Suppliers & Grid Operators
Energy suppliers and network operators operate under a dense set of regulatory obligations imposed by the ACM (Autoriteit Consument en Markt), the NEa, the RVO, and European regulators. The new Energiewet — which will replace the Elektriciteitswet 1998 and the Gaswet — represents the most far-reaching reform of Dutch energy market law in decades.
For energy suppliers, we advise on:
- Licencing requirements for supply of electricity and gas to small consumers (ACM-vergunning)
- Consumer protection obligations: switching rights, billing requirements, and vulnerability obligations
- Smart meter obligations and data sharing rules under the Meetcode Elektriciteit
- Balancing and imbalance settlement: legal obligations and BRP agreements
- Obligations under the Warmtewet and Wcw for heat suppliers
- Standard supply contracts and general terms and conditions for energy supply
For network operators (DSOs and TSOs), we advise on:
- Regulatory obligations under the Elektriciteitswet, Gaswet, and Energiewet
- Non-discrimination and third-party access obligations
- Connection and transport agreements
- Tariff regulation and ACM tariff decisions
- Grid development plans (Investeringsplan) and legal obligations
- Managing liability for network outages and supply interruptions
Energy Disputes & Litigation
Energy disputes arise between a wide range of parties — developers and landowners, energy suppliers and consumers, project partners, and companies in conflict with regulators or grid operators. Law & More litigates energy disputes before the Dutch civil courts, the administrative courts (Raad van State), and in arbitration proceedings.
We represent clients in:
- Disputes with grid operators over connection refusals, congestion curtailment, or tariffs
- Appeals against permit refusals by municipalities, provinces, or the national government
- Contractual disputes: PPAs, energy supply contracts, EPC agreements, and subsidy grant agreements
- Disputes between project partners in joint ventures or consortia
- Claims against subcontractors and EPC contractors in energy construction projects
- ACM enforcement proceedings and appeals
- NEa decisions on ETS compliance and CBAM obligations
- Expropriation and land compensation disputes
- Subsidy recovery disputes with the RVO (SDE++, SCE, ISDE)
- Emergency injunctions (kort geding) in energy disputes
Frequently Asked Questions
An energy law attorney advises and litigates at the intersection of energy production, distribution, and regulation. We assist with permits for solar parks and wind turbines, energy contracts, grid connections, subsidies (SDE++), land matters for energy projects, disputes with grid operators, and compliance with energy and climate legislation. We also advise on PPAs (Power Purchase Agreements), energy communities, and sustainability obligations for businesses.
We apply a transparent hourly rate of €350 excl. VAT. Costs vary greatly per case.
At minimum an environmental permit (formerly: building permit and environmental permit) and often also a nature permit (Nature Protection Act). Depending on location and size, archaeological permits, discharge permits, or monument permits may also be required. We guide the entire permit process, from preliminary consultation with the municipality to objection and appeal procedures, ensuring all legal requirements are met.
Main risks: permits not granted or revoked after objection, landowners refuse cooperation or demand unreasonable compensation, grid congestion causing connection delays or impossibility, changing laws and regulations (net metering scheme, feed-in tariffs), neighbor protests and legal procedures, and non-compliance with subsidy conditions. We identify risks early and build legal safeguards from project start.
Yes, as a landowner you have a strong negotiating position. Through ground lease, rental, or use agreements you can arrange: duration, compensation (typically €1,000-€3,000 per hectare per year for solar panels), restoration obligation after termination, liability for damage, indexation, and conditions upon sale of the project. We negotiate on behalf of landowners and ensure balanced contracts that protect your long-term interests.
Grid congestion means the electricity grid is full and new connections are postponed, sometimes for years. Legal options are limited but include: objection to grid connection rejection, investigation of grid operator's prioritization policy, exploring alternative connection points, temporary solutions (battery storage, curtailment), or damage claims for unlawful refusal. We assess your position and explore all possibilities to realize your project.
Absolutely. We advise energy consumers and producers on: negotiation and assessment of Power Purchase Agreements (PPAs), green supply contracts, grid connection agreements, energy procurement strategies, compliance with energy saving obligations and CO2 reduction targets, and disputes over supply conditions or price agreements. We ensure contracts are legally sound and optimally serve your commercial interests.
An energy community (postal code area scheme or other cooperative forms) requires clear legal structures: choosing legal form (cooperative, association, company), drafting articles and regulations, contracts with members and energy suppliers, agreements on financing and risk distribution, and compliance with energy legislation and privacy rules (GDPR). We guide energy communities from establishment to operational phase and prevent conflicts between members.
Yes, we have extensive experience with administrative law procedures in the energy sector. For refused environmental or nature permits, we can file objections with the municipality or province, and if necessary appeal to the court and Council of State.
Emission Trade and EU ETS
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