Energy

Introduction

Energy law has attracted an increasing level of interest in recent years, partly due to the deregulation of the electricity and gas market, in which a distinction is made between the transport of energy (by the network operator) and the supply of energy (by the supplier). In this deregulated market, the consumer is free to choose his supplier. On the other hand, each network operator still has a monopoly in a particular region. Both the network operator and the supplier must abide by certain rules.

Energy law

Energy law covers a wide range of areas of law, both in the public and private sphere. Public law involves in particular the supervision carried out by the Netherlands Competition Authority and its Office of Energy Regulation.

The energy sector is undergoing constant change, with the subject of sustainability high on today’s political agenda. The Netherlands is aiming to be one of the cleanest and most energy-efficient countries in Europe.
There have also been developments in connection with the Heating Supply Act (Warmtewet). Having been the subject of debate for almost five years, the bill was finally passed by the Upper House in February 2009. This Act aims to ensure that power companies that occupy a monopoly position, such as those providing district heating, charge a fair price. The Heating Supply Act is expected to enter into force during the course of 2010.

Legal issues demand specific knowledge and experience of the market. That is why, at BANNING, we have an integrated team of specialists drawn from a range of areas of law, combining high-quality legal experience with specific knowledge of the energy sector.

Specialist areas:

• Mergers and acquisitions
• Due diligence
• Legal restructurings (division and merger of power companies)
• Financing issues
• Supervising and setting up distribution networks (heat supply)
• Contracts and general conditions
• Settlement of disputes under the Electricity Act, the Gas Act and the future Heating Supply Act

For whom?

BANNING’s clientele includes a number of power companies (network management, supply and district heating). In addition, building firms and housing associations involved in supplying heat can benefit from BANNING’s expertise in this area.

Contact:

For advice and further information, please contact BANNING NV:
T: 073 - 6927715
F: 073 – 6927791
E: info@banning.nl

Energy law and related areas
Mr. S.M.M.C. (Silvia) Vinken, LL.M. 
E: s.vinken@banning.nl

Financing and M&A
Dr. R.W.F. (Rob) Hendriks, LL.M.                        
E: r.hendriks@banning.nl

Mr. M.M.H. (Maarten) van Dooren, LL.M.                         
E: m.vandooren@banning.nl