CBb Rejects The ACM's Priority Scheme For Electricity Transport Capacity

The Administrative Court for Trade and Industry (CBb, College van Beroep voor het bedrijfsleven) has annulled the prioritisation framework for electricity transmission requests of the Dutch Authority for Consumers and Markets (ACM).

The CBb's reasoning was that the ACM's decision was carelessly prepared and that the grounds for the decision were inadequate. This means that the ACM will have to develop a new framework if necessary. The current prioritisation framework will remain in force until 1 January 2026 at the latest.

The prioritisation framework was established with the aim of giving priority to parties with a significant social interest when processing transport requests, replacing the 'first come, first served' principle. However, several organisations, including Dutch Railway passengers (NS Reizigers B.V.), have lodged an appeal because they believe that their interests have not been sufficiently taken into account in the decision-making process.