Author: Tom Meevis, Managing Partner & Lawyer at Law & More — Published: July 2026 | Updated: July 2026
The energy transition offers businesses considerable opportunities: solar panels, batteries, EV charging hubs, energy storage, the greening of business processes, and new forms of cooperation on business parks.
At the same time, an energy project can be delayed by limited grid capacity, unclear contract terms, missing permits, or unmet reporting obligations. Energy is therefore not only a technical or financial issue. It is also a legal project.
This article discusses the key legal considerations across the full life cycle of an energy project: from the initial energy analysis and grid connection to contracting, operation, and dispute resolution.
Start with your energy requirements
Before investing in solar panels, a battery, charging facilities, or a new production line, you first need to establish your energy profile. At a minimum, map out:
- total energy consumption
- peak load
- the required connection capacity
- any feed-back to the grid
- the need for flexibility and storage
- your company’s expected growth
An installation that appears technically suitable may in practice offer insufficient capacity or fail to align with future business plans. A realistic energy analysis therefore forms the basis for the design, financing, and contracts.
The EU climate target affects, among other things, the energy, industry, transport, and buildings sectors (Regulation (EU) 2021/1119). For businesses, this means that energy supply and sustainability are increasingly part of investment, real estate, and corporate decisions.
Check grid capacity at an early stage
An energy project often stands or falls with the availability of transport capacity. Before investing, check:
- which connection is required
- what transport capacity you expect to use
- whether the desired capacity is available
- whether the grid operator can actually offer the transport
- whether the project depends on future grid expansion
The rules on the planning and realisation of connections contain deadlines and information obligations for the grid operator (articles 8.4 and 8.13 of the Netcode elektriciteit, the Dutch Electricity Network Code). For certain connections, the grid operator must, among other things, communicate a final realisation week and keep the applicant informed of progress; this deadline may be postponed in writing in the event of force majeure or circumstances beyond the grid operator’s control (article 8.19 of the Systeemcode elektriciteit 2026, the Dutch Electricity System Code 2026).
Do not treat the grid connection as an implementation detail. It can determine whether the entire project is feasible.
Grid congestion calls for legal as well as technical choices
Grid congestion is not purely a technical problem. It can also affect how contracts, responsibilities, and cooperation arrangements are structured. Possible solutions include:
- a different type of connection
- energy storage
- flexibility services
- adjusted production or consumption profiles
- local cooperation on a business park
- an energy hub
Every solution raises legal questions. Who may use the available capacity? Who bears the risk of restrictions? Who is responsible for metering data? How are costs and revenues divided? And which party is liable if agreements are not honoured?
A technical alternative is only workable once the contractual and organisational structure is right as well.
Follow the grid operator’s investment plan
Grid operators work with investment plans that describe bottlenecks, scenarios, and planned expansions. These plans can be important for businesses that depend on future grid capacity.
A draft investment plan is put out for consultation for at least four weeks. The Authority for Consumers and Markets (ACM) then reviews the plan within twelve weeks of it being submitted (article 3.9 of the Energieregeling, the Dutch Energy Regulation). Businesses may therefore find it worthwhile to:
- actively monitor relevant investment plans
- assess whether their own project is affected
- make timely use of consultation opportunities
- carefully document correspondence and submitted views
A business that only responds once the grid expansion is being carried out may have missed important opportunities to influence the outcome.
Assess every energy contract on its own merits
An energy project often involves multiple agreements, such as a supply agreement, a connection and transport agreement, a flexibility agreement, a Power Purchase Agreement, arrangements on feed-back to the grid, and arrangements on imbalance and metering data. These contracts govern different risks, so do not assess them purely as a single commercial package. At a minimum, pay attention to:
- term and renewal
- price formula and indexation
- securities and guarantees
- termination and early-termination fees
- liability and mitigation of damage
- metering data and invoicing
- delay and force majeure
- insolvency of the supplier
- loss of a permit or authorisation
- the consequences of grid restrictions
The Dutch Energy Act (Energiewet) also requires the supplier to draft the supply agreement in a transparent, complete, and understandable manner and to provide it before the agreement is concluded (article 2.6 Energiewet), and to have a transparent and free-of-charge internal complaints procedure (article 2.8 Energiewet).
For commercial energy agreements, an early-termination fee may be payable on premature termination. In a recent ruling, the district court held that a termination clause in a commercial energy agreement was not unreasonably onerous (ECLI:NL:RBOBR:2026:3623). A relevant factor was that the calculation was consistent with the Richtsnoeren Redelijke Opzegvergoedingen Vergunninghouders (the guidelines on reasonable early-termination fees for licence holders) and was sufficiently substantiated.
Before signing, check not only whether a fee may be due, but also how it is calculated and what financial risk follows from it.
Make price-change clauses concrete
A variable energy contract can have significant financial consequences. A price-change clause should therefore make clear:
- under what circumstances the price may be changed
- which factors influence the price
- how the change is calculated
- when the change takes effect
- whether and when termination is possible
A general reference to market developments may provide insufficient insight into the economic consequences of the contract. The Advocate General’s opinion in ECLI:NL:PHR:2026:541 discusses this framework. Note that this is an Advocate General’s opinion, not a court ruling.
For commercial customers, it is advisable to have price formulas reviewed not only linguistically but also financially. A clause can be clearly worded and still provide insufficient insight into the real price risk.
Arrange the switch and final settlement carefully
When switching to a different supplier, more needs to be checked than just the new rate. At a minimum, record:
- the end date of the old contract
- the meter readings
- the final settlement
- any outstanding amounts
- any early-termination fee
- feed-back to the grid
- corrections or settlements
- the start date of the new contract
On termination of the supply agreement, the supplier must provide a final settlement (article 2.13 Energiewet). The applicable deadline for this is, in principle, six weeks (article 2.17 Energieregeling).
A proper final settlement prevents disputes about consumption, feed-back to the grid, and outstanding obligations.
Safeguard continuity of the metering responsible party
For businesses with larger connections, the metering responsible party is an essential part of the energy infrastructure.
A change or withdrawal of an authorisation can mean that a new party must be contracted quickly. Depending on the transport capacity and gas consumption, a period of two or six weeks applies for contracting a new metering responsible party. The new agreement must take effect no later than eighteen weeks after the withdrawal decision. In the event of bankruptcy or suspension of payments, this period may be extended by two weeks (article 4.3 Energiebesluit).
Your continuity plan should therefore set out:
- who the current metering responsible party is
- which alternative parties are available
- where metering data is stored
- who is responsible for verification and reporting
- which procedure applies if authorisation is lost
Sharing energy and flexibility
On a business park or logistics campus, it can be attractive to generate, store, and share energy locally. It must then be clear what role each party plays, for example as an off-taker, market participant, aggregator, system operator, or operator of a closed distribution system.
Arrangements must also be made on access to installations, ownership of energy and infrastructure, metering data, cost allocation, programme adjustment, compensation, imbalance costs, data exchange, and outages and liability.
A separate authorisation procedure applies to a closed distribution system. The ACM must decide on this within six months at the latest; this period may be extended once by a maximum of six months (article 3.54 Energieregeling). Disputes about demand response may, under certain conditions, also be submitted to the ACM (article 5.5 Energiewet).
Investigate permits and spatial planning requirements
An energy project may require permits or other public-law decisions. This can be relevant, for example, for large-scale generation, energy storage, heat facilities, charging infrastructure, changes to business premises, cables, pipelines and technical installations, and changes to sites or business processes.
The location and scale of the project affect the applicable environmental and planning framework. Already at the design stage, investigate:
- which decisions are required
- which party must submit the application
- which deadlines apply
- whether an objection or appeal is possible
- whether local residents or other interested parties can participate
- whether the permit fits with future expansions
A project can be technically ready while still not being legally viable.
Account for changing climate rules
Regulation can affect the operation, value, or fuel choice of an installation. That does not automatically mean there has been an unlawful interference with property.
In ECLI:NL:RBDHA:2022:12635, the District Court of The Hague held that a ban on coal-fired generation did interfere with the use of a power plant, but did not amount to an unlawful violation of the right to property. The court weighed, among other things, the foreseeability of stricter climate measures, the transition period, and the proportionality of the measure.
For businesses, this means that investment decisions should not be based solely on current regulation. Also work with scenarios for:
- stricter emission requirements
- changed fuel rules
- reporting obligations
- the ending of subsidy schemes
- changing technical standards
- restrictions on operation or expansion
Integrate energy savings and reporting into the project
Energy savings and reporting should not be assessed only after commissioning. Already at the design stage, record:
- which data is measured
- which measurement method is used
- who verifies the data
- which emission factors are applied
- who reports
- how long data is retained
- which party is responsible for errors
For importers of certain goods, the Carbon Border Adjustment Mechanism (CBAM) is a separate point of attention, with rules on scope, embedded emissions, verification, declarations, and certificates (Regulation (EU) 2023/956, as amended by Regulation (EU) 2025/2083).
Compliance is therefore not an administrative afterthought, but part of the project design.
Assess subsidies over the full term
A subsidy can make an energy project financially viable, but it also brings obligations, such as realisation within a certain period, administration, monitoring, reporting, maintenance, inspection, and recovery in the event of non-compliance.
So do not only assess whether you qualify for a subsidy. Also establish whether your business can meet all conditions throughout the full term. Prepare an overview in advance of:
- required supporting documents
- project milestones
- reporting moments
- responsible staff
- inspection powers
- risks of reduction or recovery
Know who supervises compliance
The ACM is the national regulatory authority for electricity and gas and has, among other things, tasks in the field of market supervision and dispute resolution (article 5.1 Energiewet). Supervisory and enforcement powers are divided: the ACM supervises the provisions designated for that purpose (article 5.17 Energiewet), while the minister supervises other matters (article 5.18 Energiewet).
Depending on the subject matter, measures that may apply include a binding policy rule or binding instruction (article 5.20 Energiewet), an order subject to a penalty payment (article 5.19 Energiewet), or an administrative fine (article 5.21 Energiewet). In advance, map out:
- which regulations apply to your project
- which supervisory authority has jurisdiction
- which information must be provided
- which remediation periods may apply
- which sanctions are possible
Prepare for a dispute with the grid operator
In a dispute about the performance of statutory tasks or powers by a system operator, a complaint may, under certain conditions, be submitted to the ACM; the ACM’s decision is binding, alongside any other available legal remedy (article 5.4 Energiewet).
A business does well to build a complete file from the outset. Keep, among other things, applications and forms, agreements, technical data, correspondence, meeting notes, planning documents, commitments, notices of default, and relevant data on damage and delay.
An application to the ACM must be substantiated with, among other things, the application form, correspondence with the grid operator, and relevant data and documents (article 3 Werkwijze geschilbeslechting energie, the ACM’s dispute resolution procedure). An incomplete application can be supplemented within a period set by the ACM (article 5 Werkwijze geschilbeslechting energie).
Account for different handling procedures
Not every dispute is handled in the same way. The ACM may handle an application through the regular, simplified, or written procedure (article 8 Werkwijze geschilbeslechting energie). A simplified procedure may apply, for example, when the ACM clearly lacks jurisdiction or the application must clearly be rejected (article 13 Werkwijze geschilbeslechting energie). A written procedure is possible when the legal question is sufficiently clear and only limited fact-finding is needed (article 14 Werkwijze geschilbeslechting energie).
A business should therefore prepare not only its legal arguments, but also determine in advance:
- which facts are established
- which documents support the facts
- which legal question is put to the ACM
- which outcome is being requested
- which alternative solution is possible
Use a pre-investment checklist
Before starting the project, answer at least the following questions:
- What connection, transport capacity, and metering equipment are needed?
- Is the desired capacity available?
- Does the project depend on grid expansion?
- What permits and approvals are required?
- Which contracts need to be concluded?
- How do those contracts relate to one another?
- Who bears the risk of delay, price changes, imbalance, and grid restrictions?
- What data must be measured, retained, and reported?
- What subsidy conditions apply throughout the full project term?
- Who is responsible for management, maintenance, safety, and outages?
- What internal complaints and escalation procedure applies?
- What file is being built if discussions with the grid operator fail?
Together, these questions form a practical legal and organisational due-diligence check.
Energy projects are legal projects too
A business that treats energy purely as a technical or financial matter risks discovering legal conditions only once the project has already been delayed or contractually fixed.
The key step, therefore, is not simply choosing a technology. It is about the interplay between technology, grid capacity, contracts, permits, financing, data management, compliance, and legal protection.
By assessing these elements together from the outset, delays, unexpected costs, and disputes can be limited.
Frequently asked questions
Within what period must the grid operator respond to an application?
For a complete application up to and including 10 MVA, the grid operator must, in principle, send a quotation or rejection within ten working days. For a larger connection, it must indicate within ten working days by when a quotation will follow (article 8.4 Netcode elektriciteit). After the quotation is signed, the grid operator then determines the final realisation week (article 8.13 Netcode elektriciteit).
How long does it take to install a connection?
For certain connections, the realisation period can be 26 or 52 weeks, possibly increased by a regional waiting time. In the event of force majeure or circumstances beyond the grid operator’s control, the period may be postponed in writing (article 8.19 Systeemcode elektriciteit 2026).
Can I influence the investment plan?
Yes. A draft investment plan is put out for consultation for at least four weeks. The ACM then reviews the plan within twelve weeks (article 3.9 Energieregeling). Businesses that depend on future grid expansion are well advised to actively follow this consultation.
Do I have to pay a fee if I terminate early?
This is possible. A district court held that a termination clause in a commercial energy agreement was not unreasonably onerous, partly because the calculation was substantiated and consistent with the applicable guidelines (ECLI:NL:RBOBR:2026:3623). Check in advance whether the contract includes an early-termination fee, how it is calculated, whether it depends on the remaining term or consumption, whether a cap applies, and what consequences termination has for securities and feed-back to the grid.
Is a general reference to market developments sufficient?
This is not necessarily clear. A price-change clause must give the customer sufficient insight into the reasons, calculation, and economic consequences of a change. The Advocate General’s opinion in ECLI:NL:PHR:2026:541 discusses this topic. It concerns an Advocate General’s opinion, not a court ruling.
When do I receive the final settlement?
On termination of the supply agreement, the supplier must provide a final settlement (article 2.13 Energiewet). In principle, a period of six weeks applies for this (article 2.17 Energieregeling).
What happens if the metering responsible party’s authorisation is withdrawn?
You must contract a new metering responsible party in good time. Depending on transport capacity and gas consumption, a period of two or six weeks applies. The new agreement must take effect no later than eighteen weeks after the withdrawal decision. In the event of bankruptcy or suspension of payments, the period may be extended by two weeks (article 4.3 Energiebesluit).
How long does an authorisation procedure for a closed distribution system take?
The ACM must decide within six months at the latest. This period may be extended once by a maximum of six months (article 3.54 Energieregeling).
Does a ban on a fuel or technology automatically amount to an unlawful interference with property?
No, not automatically. The District Court of The Hague held in ECLI:NL:RBDHA:2022:12635 that a ban on coal-fired generation did not amount to an unlawful violation of the right to property. Relevant factors included the foreseeability of the measure, the transition period, and its proportionality.
How do I submit a dispute concerning the grid operator?
First build a complete file with the application, correspondence, technical data, and other relevant documents (article 3 Werkwijze geschilbeslechting energie). Depending on the case, the ACM handles the application through the regular, simplified, or written procedure (article 5.4 Energiewet and articles 8, 13, and 14 Werkwijze geschilbeslechting energie).
