Stek successfully represented distribution system operator Liander in preliminary relief proceedings on the interpretation of a standard provision in the connection and transport agreement. The proceedings took place against the background of increasing shortages of transport capacity on the electricity grid in The Netherlands.
The central issue was whether the customer, an undertaking with a high-capacity connection to Liander’s grid, was entitled under the connection and transport agreement to an automatic increase of the contracted transport capacity whenever this would be exceeded.
The customer required more transport capacity due to an expansion of its production line. The customer argued that the connection and transport agreement with Liander allowed it to increase its contracted transport capacity up to the maximum capacity of the connection and that this should be increased automatically when more transport capacity was used.
Liander argued that no automatic right to increase follows from the connection and transport agreement. Moreover, Liander could not meet the additional demand in transport capacity due to congestion on the electricity grid.
The court in preliminary relief proceedings agreed with Liander that no automatic right to increase the contracted transport capacity follows from the connection and transport agreement. Since it was sufficiently established that congestion exists, Liander had rightfully capped the contracted transport capacity and refused the requested increase. Furthermore, the court granted Liander’s counterclaim that the customer must cease all exceedances of its current contracted transport capacity.
The judgment of the court in preliminary relief proceedings dated 30 March 2023 can be read here (in Dutch).
