Grid congestion arises where the demand for transport capacity in a part of the network exceeds what that network can safely carry. Large parts of the Netherlands are formally designated as congestion areas for consumption, for feed-in or for both, which means new or expanded transport capacity may be refused.
Statutory basis
The regime sits in the Netcode elektriciteit, adopted and amended by the ACM under the Energiewet. Before refusing transport the operator must carry out a congestion investigation and examine whether congestion management – contracting flexibility from existing users – can create room. The results are published on a national capacity map. Since 1 January 2026 operators in congestion areas must also apply the ACM prioritisation framework.
How it works in practice
Requests are in principle handled in order of application. The prioritisation framework creates three exceptions: parties that themselves relieve congestion rank first, then safety-related functions such as acute healthcare, defence and water management, and then essential services such as housing, education, telecommunications and public transport. Priority is not automatic; the applicant must submit evidence to the operator. Alternatives include a time-bound or flexible transport contract, a group connection or an energy hub with neighbouring businesses.
Where it goes wrong
The most expensive mistake is commercial: signing a lease, a development contract or a charging-infrastructure agreement without first requesting a transport indication. The waiting list is measured in years in some areas, and a delivery obligation that assumes capacity becomes impossible to perform. A second mistake is failing to challenge a refusal. The congestion investigation is a decision that can be tested, and operators have been ordered to reconsider where the investigation was incomplete or the contracted capacity of existing users had not been verified.
Related terms
Grid operator, connection and transport agreement and Energy Act.
Has your transport request been refused or does your project depend on capacity that is not yet secured? Our energy lawyers examine the refusal and the contractual consequences.
