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In its 8 October 2020 judgment in Crown Van Gelder, the European Court of Justice (ECJ) clarified which complainants have standing before the national regulatory authority to lodge a claim against a transmission or distribution system operator under the Dutch expedited energy dispute resolution procedure.(1) According to the ECJ, customers with only an indirect connection to the transmission system may submit a claim against the transmission system operator in cases of, for instance, a power outage. Arguably, this judgment increases the risk of possible liability for European transmission system operators. Legislative background The EU rules with respect to electricity have been implemented in the Dutch Electricity Act 1998. These include the EU Electricity Market Directive (2009/72/EU) (the fourth internal market directive, EU Directive 2019/944/EU, has yet to be implemented). Article 37(11) of EU Directive 2009/72/EU and its similar preceding provisions in the first and second

North hollandNoord hollandCrown van gelderJan erik janssenAdministrative courtEuropean commissionEuropean courtAuthority for consumersTata steelDutch electricity actMarket directiveElectricity actAdvocate general pitruzzellaGas actSander wagemakersStek advocaten