What does energy law cover?
Energy law is the body of laws and regulations governing the production, transport, supply and storage of energy. It touches on contract law, administrative law, environmental and planning law, environmental protection law and sometimes public procurement law.
The energy transition and the decarbonisation of industry are making energy law more complex at a rapid pace. The Climate Act (Klimaatwet) lays down that the Netherlands must be climate neutral by 2050. As a result, the questions around renewable energy sources, hydrogen, energy storage and heat networks are growing. The Mining Act (Mijnbouwwet) also governs the extraction of natural gas and geothermal heat (geothermie).
An energy law team with specialist knowledge of the energy sector translates these developments into concrete arrangements. Our lawyers work with technical advisers, so you get a multidisciplinary approach. In this way, an energy law lawyer oversees all legal aspects of your project, from contract to permit.
Which legal aspects arise with hydrogen and offshore wind?
Hydrogen plays a growing role in the energy transition, especially for industry. The central government has asked Gasunie to build a national transport network for hydrogen.
For hydrogen projects, arrangements on supply, storage, safety and subsidies are still often tailor-made. Offshore wind farms are built on sites that the central government allocates under the Offshore Wind Energy Act (Wet windenergie op zee). An energy law lawyer assists investors and project developers with the contracts and financing for such projects.
What changes under the Energy Act?
The Energy Act has applied since 1 January 2026 and replaces the Electricity Act 1998 (Elektriciteitswet 1998) and the Gas Act (Gaswet). The rules for electricity and gas are now in a single act, with new numbering and partly new concepts.
The act now refers to system operators (systeembeheerders) instead of grid operators (netbeheerders). Customers may generate, store and sell energy themselves and offer their flexibility. Energy communities, in which members generate and share energy together, have their own legal basis for the first time. The grid operator's obligation to connect remains in place.
Under transitional law (overgangsrecht), the old law may still apply to ongoing contracts and proceedings. References to the Electricity Act 1998 in existing contracts are often no longer correct. An energy law lawyer can review supply, connection and grid contracts from before 2026 for you. Read more in The Energy Act: what has changed since 1 January 2026? and the Energy Act for large consumers.
When is your grid a closed distribution system?
A closed distribution system (gesloten distributiesysteem) is a grid that distributes energy within a geographically confined industrial or commercial site, to a limited group of customers. Such a grid requires a decision from the ACM; after that, lighter obligations apply than for a public grid.
On many industrial sites, one utility company supplies energy to the other businesses on the site. The law then recognises different classifications: a closed distribution system, a direct line or an installation without grid character. The actual situation is decisive: who the owner is, who is connected and how the site is technically set up.
The core criteria come from the European Electricity 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 activities of the connected parties are integrated for technical or safety reasons, or the grid mainly supplies the owner and related undertakings.
Under the Electricity Act 1998, an operator obtained an exemption (ontheffing) from the ACM for this. Under the Energy Act, you apply for recognition (erkenning). Even then, you must handle connection requests carefully and apply transparent terms and tariffs. Read more in closed distribution systems under the Energy Act and recognition by the ACM.
What is involved in transferring a grid to a grid operator?
When an industrial grid is transferred, for example a high-voltage grid to TenneT, ownership, property rights and contracts with connected parties must be properly arranged. Under Article 5:20(2) of the Dutch Civil Code, cables and pipes are owned by the grid operator or the owner of the grid, not by the landowner.
For the right to have cables in someone else's land, a right of superficies (opstalrecht) is often created (Article 5:101 of the Dutch Civil Code). The valuation of the grid and arrangements for the transition period also play a role. See our article on transfer of cables and pipes.
What can you do in case of grid congestion or a refused connection?
The grid operator is obliged to connect you, but may limit or refuse transport if there is demonstrably no capacity. If you are refused, you can submit a dispute to the ACM and, in urgent cases, go to court.
Grid congestion (netcongestie) means that the electricity grid in an area has reached its limit. The grid operator must then first investigate whether congestion management is possible. Since 2024, the ACM has applied a prioritisation framework. Projects that reduce congestion and social functions, such as healthcare and education, are given priority under it.
For the energy transition, this is one of the biggest bottlenecks. Grid operators increasingly offer flexible transport contracts, with less certainty about capacity at a lower tariff. Another solution is cable pooling: several installations, such as a solar farm and a wind farm, share one connection. Read more in grid congestion: your rights when a connection is refused.
What should you look out for in energy contracts and early termination?
Energy contracts revolve around capacity, price, term, liability and the consequences of early termination. An energy law lawyer can draft, review and renegotiate contracts for you.
| Contract | With whom | Key points |
|---|---|---|
| Supply agreement | Energy suppliers or a utility company | Price formula, volumes, term, price review, termination |
| Connection and transport agreement | Grid operator | Contracted capacity, tariffs, liability for outages; largely regulated |
| Power Purchase Agreement (PPA) | Producer of renewable energy | Long-term price, volume and profile risk, guarantees of origin, credit support |
With a PPA, you buy electricity directly from a wind or solar farm, outside the exchange. The producer gets certainty for its financing, you get price certainty. An energy law lawyer mainly assesses the allocation of volume and price risks. You demonstrate green origin with guarantees of origin, which VertiCer issues in the Netherlands. See our article on Power Purchase Agreements.
Which compensation applies on early termination?
Many long-term energy contracts contain compensation for early termination, often for investments that have not yet been recouped. If the compensation is a penalty, the court can reduce it under Article 6:94 of the Dutch Civil Code if applying it in full would be clearly unacceptable.
Reasonableness and fairness (redelijkheid en billijkheid, Article 6:248 of the Dutch Civil Code) and unforeseen circumstances (onvoorziene omstandigheden, Article 6:258 of the Dutch Civil Code) may also play a role. A claim for performance is in principle time-barred after five years (Article 3:307 of the Dutch Civil Code). Have the calculation checked before you pay or bring a claim.
Which rules apply to renewable energy projects?
To build and operate renewable energy projects, you usually need an environmental permit (omgevingsvergunning), a grid connection and often a subsidy. Since 1 January 2024, the Environment and Planning Act (Omgevingswet) has governed the granting of permits.
The environmental permit assesses, among other things, spatial integration, noise, nature, environment and safety. Municipalities are usually the competent authority; for larger energy projects, sometimes the province or the central government. Under the regular procedure, authorities in principle decide within eight weeks, with one extension of six weeks. Interested parties can object or appeal within six weeks (Article 6:7 of the General Administrative Law Act (Awb)).
The SDE++ subsidy scheme compensates the difference between the cost price of renewable energy and the market price. You apply for it to the Netherlands Enterprise Agency (Rijksdienst voor Ondernemend Nederland, RVO) during an application round. If you miss the completion deadline in the decision, you risk a reduction or recovery.
Separate points apply to battery storage, such as the permit requirement and fire safety. Read more about the permit requirement for battery storage. For objections and appeals, you can also turn to our administrative law lawyer.
Which rules apply to heat networks?
The Heat Act (Warmtewet) still applies to the supply of heat via heat networks to small consumers. Among other things, it regulates a maximum tariff, which the ACM sets every year, and compensation for outages.
The new heat act, the Collective Heat Supply Act (Wet collectieve warmtevoorziening), is to replace the current Heat Act and gives municipalities a larger role. For housing associations, municipalities and heat companies, this is an important development for the coming decades. See also the Heat Act and compensation for outages.
What does the end of the net metering scheme mean?
The net metering scheme (salderingsregeling) ends on 1 January 2027. Small consumers with solar panels will then receive a feed-in compensation from their supplier, which may charge reasonable and transparent feed-in costs. See end of the net metering scheme: your rights.
How does an energy law lawyer resolve a dispute before the ACM or the courts?
An energy law lawyer submits a dispute with a grid operator about connection, transport or tariffs to the ACM, which takes a binding dispute decision. Disputes about energy contracts between businesses are decided by the civil courts, unless you have agreed on arbitration.
The ACM supervises the energy market, sets tariffs and terms for grid operators and can impose fines. An ACM decision can ultimately be appealed to the Trade and Industry Appeals Tribunal (College van Beroep voor het bedrijfsleven, CBb), within six weeks. If a disconnection is imminent or a project comes to a standstill, we can start summary proceedings (kort geding).
Consumers and small business customers can often turn to the Energy Disputes Committee (Geschillencommissie Energie) after the internal complaints procedure. Read more about the regulator in ACM licences and enforcement.
