(EU) European Law

We provide EU law advice in the Netherlands to businesses, investors and organisations whose activities are shaped by European rules. Our focus is on energy and emissions regulation, the basics of EU competition law, preliminary references and cross-border disputes within the EU. We work in English and Dutch. The first step is a free introductory meeting in which we identify which EU and Dutch rules apply.

What can we help you with?

• you want to know how an EU regulation or directive affects your business in the Netherlands;
• your energy project or installation falls under EU energy or emissions rules;
• a supplier, distributor or competitor proposes arrangements that may breach competition law;
• you are in a Dutch court case where the interpretation of EU law is decisive;
• a Dutch authority applies a rule that you believe conflicts with EU law;
• you have a dispute with a business in another EU member state and want to know which court and law apply;
• you want to enforce a Dutch judgment elsewhere in the EU, or a foreign EU judgment in the Netherlands.

How does EU law apply in the Netherlands?

EU regulations apply directly in the Netherlands, while EU directives are transposed into Dutch legislation. Where Dutch law conflicts with directly effective EU law, EU law takes precedence and Dutch courts must apply it.

In practice, you deal with both levels at once. A Dutch authority, such as the Netherlands Authority for Consumers and Markets (ACM) or the Dutch Emissions Authority (NEa), applies Dutch rules that implement EU law. Dutch courts must interpret those rules in line with the underlying directive. That interpretation can support your position when Dutch wording is unclear.

If a directive was not transposed correctly or on time, individuals can sometimes rely on it directly against the state. In certain cases, the state can also be liable for damage caused by a breach of EU law.

Which EU rules shape energy and emissions?

Dutch energy and climate law is largely European in origin. The Dutch Energy Act (Energiewet), in force since 1 January 2026, implements the EU rules on the internal energy market. The EU Emissions Trading System is based on Directive 2003/87/EC.

For energy companies and industrial users, this means EU rules govern grid access, unbundling, network codes and the role of the ACM as regulator. Disputes about grid connections or tariffs often turn on how Dutch law implements the EU framework. Our energy lawyer page covers these topics in more detail.

For installations under the EU ETS, the permit, the monitoring plan, the annual surrender of allowances and free allocation all follow from EU law. The Carbon Border Adjustment Mechanism (CBAM) adds obligations for importers of goods such as steel, cement and fertilisers. Read more on our emissions trading lawyers page.

What should you know about EU competition law?

Article 101 of the Treaty on the Functioning of the European Union (TFEU) prohibits agreements that restrict competition, such as price fixing. Article 102 TFEU prohibits abuse of a dominant position.

The Dutch Competition Act (Mededingingswet) contains equivalent prohibitions. The ACM enforces both the Dutch and the EU rules in the Netherlands. The European Commission handles cases with a broader EU dimension. Fines for companies can reach 10 per cent of annual turnover. Agreements that breach these prohibitions are void.

Typical risks for smaller businesses lie in distribution agreements: fixed resale prices, territorial restrictions on online sales, or non-compete clauses that run too long. Exchanging sensitive information with competitors, for example in a trade association, is another. We review agreements and practices against these rules and advise on adjustments. For complex merger control or cartel investigations, we will tell you at the outset whether specific expertise is needed. The ACM publishes guidance for businesses in English.

When can a case go to the Court of Justice of the EU?

Under Article 267 TFEU, a Dutch court can ask the Court of Justice of the European Union for a preliminary ruling. The question concerns the interpretation or validity of EU law. A court against whose decision there is no further appeal must, in principle, make such a reference.

You cannot refer a question yourself. You can ask the Dutch court to do so and propose the questions. A preliminary reference often adds more than a year to the proceedings. It can, however, decide the outcome of the case and of similar cases across the EU.

Direct actions against EU acts, such as a Commission decision addressed to you, go to the General Court of the EU under Article 263 TFEU. The deadline is two months, plus a fixed extension for distance. Missing it is usually fatal.

How are cross-border disputes within the EU resolved?

Within the EU, the Brussels I bis Regulation (No 1215/2012) determines which court has jurisdiction in civil and commercial disputes. A judgment from one member state is enforceable in another without a separate declaration of enforceability.

Which law applies follows from the Rome I Regulation for contracts and the Rome II Regulation for non-contractual claims. A clear choice of law and forum in your contracts avoids most of these questions. For smaller claims, the European Small Claims Procedure applies to claims up to 5,000 euros. Our article on avoiding jurisdiction and enforcement issues explains how to draft these clauses.

How does working with Law & More work?

1. Introductory meeting: you explain your question or dispute, and we identify the relevant EU and Dutch rules.
2. Advice and cost estimate: we assess your position, the risks and the forum, and give a cost estimate.
3. Approach and negotiation: we advise on compliance, adjust contracts, or negotiate with the counterparty or authority.
4. Proceedings or completion: if needed, we conduct proceedings in the Netherlands, including a request for a preliminary reference.

What does EU law advice cost?

Our hourly rate is 250 to 350 euros excluding VAT for a lawyer and 300 to 400 euros excluding VAT for a partner. We discuss the rate and an estimate in advance. The introductory meeting is free of charge. A one-off advice meeting without further assistance costs 300 euros including VAT.

External costs, such as court fees, translations and bailiff costs abroad, are charged separately. Legal aid exists via the Legal Aid Board (Raad voor Rechtsbijstand), but we do not work on that basis.

Who handles your case?

EU law questions on energy and emissions are handled by Tom Meevis, founder and managing partner, who handles our energy law work. Other EU law matters are handled by one of our lawyers; in the introductory meeting you will hear who. See our team page.

Frequently asked questions

When do I need EU law advice in the Netherlands?

You need EU law advice in the Netherlands when EU rules regulate your activity, when Dutch rules may conflict with EU law, or when a dispute crosses borders. Typical areas are energy, emissions, competition and cross-border contracts. Early advice helps you use EU law arguments while deadlines are still open.

Can I ask the Court of Justice of the EU directly to rule on my case?

No. In a national case, only the Dutch court can refer a question for a preliminary ruling. You can ask the court to do so and suggest questions. Direct actions to the General Court are possible only against EU acts that concern you directly and individually, within two months.

Can a Dutch judgment be enforced in another EU country?

Yes. Under the Brussels I bis Regulation, a judgment in a civil or commercial matter from a Dutch court is enforceable in other member states. No separate declaration of enforceability is needed. You do need a certificate from the court that gave the judgment, and local enforcement rules apply.

Is a distribution agreement with fixed resale prices allowed?

Generally not. Imposing fixed or minimum resale prices on distributors is a serious restriction of competition under Article 101 TFEU and the Dutch Competition Act. Recommended or maximum prices are generally allowed, provided they do not work as fixed prices in practice. We review your agreement against the applicable exemptions.

Does EU law take precedence over Dutch law?

Yes, where EU law is directly effective. Dutch courts must set aside conflicting national rules and interpret Dutch law in line with EU directives where possible. This can give you arguments against an authority or counterparty that relies on Dutch rules alone.

Which court decides a dispute with a supplier in another EU country?

Primarily the court chosen in your contract. Without a valid choice, the Brussels I bis Regulation applies: generally the courts of the defendant's member state, or of the place of performance of the contract. A clear forum clause prevents a costly dispute about jurisdiction before the real dispute starts.

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.

Law & More, Marconilaan 13, 5612 HM Eindhoven (+31 40 369 06 80) and visiting location Pietersbergweg 291, 1105 BM Amsterdam (+31 20 369 71 21). Available Monday to Friday 08:00-22:00, Saturday and Sunday 09:00-17:00.

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