A Dutch Court of Appeal holds that national legislation on the unbundling of energy network operators infringes the rules on free movement of capital (Delta, Eneco and Essent)

Essent, Delta, and Eneco are three vertically integrated energy companies active in the production, trade and distribution of electricity and gas. They supply end-consumers through their own electricity and gas networks. Each group's networks are managed by separate network operators, responsible under Dutch law for their maintenance, security and reliability and for providing third parties with access to the network as well as gas and electricity transport services. In November 2006, the Dutch Act on Independent Network Managers (Wet onafhankelijk netbeheer) (hereafter the ‘Unbundling Act') amended the Dutch Electricity and Gas Acts with a view to implementing the requirements laid down by directives 2003/54/EC and 2003/55/EC [1] (the second package directives) relating to the

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Authors

  • European Commission - DG HR (Brussels)
  • European Court of Justice (Luxembourg)

Quotation

Tristan Baumé, Sally Janssen, A Dutch Court of Appeal holds that national legislation on the unbundling of energy network operators infringes the rules on free movement of capital (Delta, Eneco and Essent), 22 June 2010, e-Competitions June 2010, Art. N° 33608

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