For entrepreneurs and organizations that purchase, generate, or supply energy and want to maintain legal control over contracts, connections, and regulations.
Energy law concerns the rules of the game regarding the production, transport, supply, and procurement of energy — from business energy contracts and grid connections to rooftop solar, heat networks, and the consequences of grid congestion. Our lawyers and in-house counsel assist international corporations and energy companies as well as the local entrepreneur: practical and legally astute.
Energy law attorneys and in-house counsel in one team.Practical specialist legal assistance for entrepreneurs.
Active for SMEs and corporates — from large corporations to the baker on the corner.Practical specialist legal assistance for entrepreneurs.
Core themes: energy contracts, grid connection, grid congestion, subsidies and disputes.Practical specialist legal assistance for entrepreneurs.
Specialist advice on energy law from €155 per hour excl. VAT.Clarity regarding the process, approach, and next steps.
We worked for, among others:
We worked for, among others:
What is energy law?
Energy law encompasses all legal rules regarding the production, transport, supply, and purchase of electricity, gas, and heat. It is a hybrid of public and private law: on the one hand, regulated supervision by the Authority for Consumers & Markets (ACM) and the terms and conditions of grid operators; on the other, standard contractual agreements between supplier, customer, and producer. For entrepreneurs, it affects daily practice: your energy contract, your connection to the grid, and subsidies and permits for sustainability measures.
Our lawyers and in-house counsel assist international corporations and energy companies as well as the local entrepreneur — from a complex transport agreement with the grid operator to a dispute over an excessive energy bill.
The legal framework: from the Electricity Act and the Gas Act to the Energy Act
Market regulation for electricity and gas was long governed by the Electricity Act 1998 and the Gas Act. These have been merged into the new Energy Act, which modernizes the tasks of grid operators, the rights of consumers, and supervision by the ACM, and enables, among other things, data sharing and energy communities. In addition, the Heat Act applies to heat supply, protecting consumers with a maximum tariff and security of supply. We translate this framework to your specific situation, without unnecessary jargon.
Business energy contracts and procurement
At its core, an energy contract is an agreement, and the general rules of the law of obligations apply to it. In the event of breach of contract, Article 6:74 of the Dutch Civil Code grants the right to compensation, and Article 6:265 of the Dutch Civil Code allows for the dissolution of the agreement. Important points include the duration, price indexation, termination options, penalty clauses, and the applicable general terms and conditions. We assess whether a price change or early termination is permitted, review unreasonable clauses against Article 6:233 of the Dutch Civil Code, and negotiate more favorable terms. For long-term purchases or the sale of self-generated power (a Power Purchase Agreement), we draft tailor-made contracts.
Grid connection, transport and grid congestion
Anyone who consumes or feeds back energy requires a connection and transport agreement with the grid operator. In principle, the grid is subject to a connection and transport obligation, but due to grid congestion—a scarcity of transport capacity—a grid operator may refuse an application or place it on a waiting list. This hits entrepreneurs hard: from an expansion that cannot be connected to solar panels that are not allowed to feed back. We assess whether a refusal is lawful, review it against the codes and the decisions of the ACM, and act on your behalf towards the grid operator or in dispute proceedings.
Generation, sustainability, subsidies and permits
Solar roofs, wind projects, heat pumps, and other sustainability initiatives involve subsidies (such as the SDE++) and permits. The legal focus often lies in administrative and environmental law: permit granting, objections and appeals, and subsidy conditions. We collaborate with the environmental and administrative law, ensuring your project is legally sound from permit to operation.
Disputes regarding delivery, invoices, and connection
If things go wrong — an unexpected additional assessment, a disputed price increase, a supply interruption, or a rejected connection — the law offers various avenues. In addition to compensation (Article 6:74 of the Dutch Civil Code) and dissolution (Article 6:265 of the Dutch Civil Code), you can sometimes turn to the Disputes Committee or the ACM, and otherwise to the civil court. We determine the fastest and strongest route with you and conduct the proceedings where necessary. One of our lawyers acts in the event of judicial proceedings; for advice, objections, and negotiations, an in-house counsel can handle the case.
Energy law for SMEs and corporations
The top end of the market often focuses on energy companies, grid operators, and large corporations, while remaining generic. We do not: our mixed team of lawyers and in-house counsel assists both international corporations and the baker on the corner with excessive energy bills or refused connections. Accessible and practical, yet legally sharp — applying full Civil Code articles and maintaining a clear line to your objective.
Energy and your broader contract practice
Energy rarely stands alone: it is interwoven into supply, purchasing, and cooperation agreements. If your primary concern is drafting and explaining those contracts and general terms and conditions, please visit our contract law. For a regular supplier or customer, we are happy to formalize the agreements in a framework agreement, with clear terms regarding price, volume, and duration.
What we help with
From reviewing your energy contract to resolving a dispute with the grid operator — our lawyers and legal experts support you in every area of energy law.
Assessing and negotiating business energy contracts (procurement, supply, PPA)
Testing price changes, termination, and penalty clauses against the law of obligations
Connection and transport agreements with the grid operator
Grid congestion: objection to refusal or waiting list and disputes regarding transport capacity
Generation and sustainability: rooftop solar, heat pumps, heat networks, and the Heat Act
Subsidies (such as SDE++) and permits, together with environmental and administrative law
Assessment of general terms and conditions against Article 6:233 of the Dutch Civil Code
Disputes regarding delivery, invoices, additional assessments, and delivery interruptions
Litigating before the Disputes Committee, the ACM, or the civil court
When do you engage this team?
Often, there have been issues brewing for some time before they become legal. The sooner you involve us, the more options you retain. If you recognize any of these situations, seeking advice is advisable.
You are entering into a new business energy contract or want to have an existing contract reviewed
In energy law, your starting position determines the outcome. Before we contact the grid operator or initiate proceedings, we map out your contract, the general terms and conditions, the codes, the ACM decisions, and the facts. In this way, we choose the route—negotiation, objection, the Disputes Committee, or the court—that best serves your interests, rather than taking just any step.
Our approach
From question to solution in four steps.
1
Intake
We discuss your situation and your goal, and review the energy contract, the connection, and the correspondence.
2
Analysis
We assess your position against the Energy Act, the Heat Act, contract law, and ACM decisions, and map out opportunities and risks.
3
Strategy
We choose the route — advice, negotiation, objection, or proceedings — and the involvement of a lawyer or legal expert.
4
Execution
We execute: from rewriting the contract to litigating before the Disputes Committee, the ACM, or the court.
Mr. Jaime BoogaersCorporate Law · Lawyer
In a legal dispute, it is not just about being right. It is also about evidence, timing, negotiating position, and the business consequences of every step.
Specialists in Energy Law
Our specialists combine legal analysis with experience in cases for entrepreneurs, directors, and organizations.
All our legal experts and lawyers possess broad knowledge of energy law. In addition, they have specialized in one or more areas of focus within energy law. We have organized several areas of focus into various practice groups. Each lawyer is part of one or more practice groups based on his or her specialism(s). Clients can go directly to the appropriate practice group for each case. Here, they are assisted by the lawyer or legal expert most suitable for the case. Where necessary, we draw upon the expertise and experience of our specialist colleagues from other practice groups.
Frequently asked questions about energy law
The questions entrepreneurs ask us most often.
Is my energy supplier allowed to raise the price just like that?
That depends on your contract. With a fixed contract, the price and duration are in principle fixed; with a variable contract, the supplier may make changes within the agreed conditions. You can have an unreasonable clause assessed against Article 6:233 of the Dutch Civil Code, and in the event of breach of contract, Article 6:74 of the Dutch Civil Code entitles you to compensation. We assess whether the increase is permitted.
What can I do if the grid operator refuses my connection due to grid congestion?
In principle, the grid is subject to an obligation to connect and transport, but due to a scarcity of transport capacity, an application may be refused or placed on a waiting list. We assess whether that refusal is lawful against the codes and the decisions of the ACM, and act on your behalf towards the grid operator or in dispute proceedings.
Which law applies to my energy?
For electricity and gas, the Energy Act applies, which replaces the former Electricity Act 1998 and Gas Act and regulates supervision by the ACM. For heat supply, the Heat Act applies, including a maximum tariff. In addition, the ordinary law of obligations under Book 6 of the Dutch Civil Code applies to your contract.
Do I need a lawyer or a legal expert?
That depends on your situation. For advice, reviewing contracts, handling objections, and negotiating, an in-house counsel is often sufficient. For proceedings before the civil court, a lawyer is mandatory. We have both in-house and determine together with you what is most suitable.
Can I sell the electricity from my solar panels to another company?
Yes, that is possible via a Power Purchase Agreement (PPA): an agreement in which you agree on what you supply, at what price, and under what conditions. However, the supply must technically and legally comply with the grid operator's regulations. We draft such a contract or assess a proposal.
Does energy law also apply to small business owners?
Yes. We help energy companies and international corporations alike, as well as the entrepreneur around the corner. For smaller businesses in particular, an excessively high energy bill or a refused connection weighs heavily, and we work just as hard to help them.
Discuss your situation with an energy law specialist.Our energy lawyers and legal experts assist large companies and energy providers as well as small business owners. Schedule a meeting and know where you stand within a single session.
