The German Federal Court of Justice (BGH) recently ruled on the responsibilities of electricity companies that are acting as `suppliers of last resort´ towards German electricity customers. Until now their responsibilities stopped at the meter in the house of customers. This is about to change in certain cases. The judgement can have repercussions for the appraisal of supplier of last resort-duties in other European jurisdictions.
Thursday, 8 February 2018
Wednesday, 31 January 2018
By Joris Gazendam, LLM, PhD Researcher University of Groningen
On 23 January 2018 the Court of Appeal Arnhem-Leeuwarden ruled in a case between claimants living in the province of Groningen and the Nederlandse Aardolie Maatschappij (hereinafter: NAM). The case revolved around damages as a result of earthquakes which are caused by the extraction of natural gas in the province of Groningen. The main legal question was whether the owners of houses can claim compensation for the devaluation of their houses even if they do not sell their (whether or not physically damaged) houses. Normally, the financial loss for the owner of a house becomes visible on the moment of sale. In this case the owners explicitly wanted to be compensated even if they would not sell their house. The Court of Appeal ruled that an owner of a house can only once claim compensation for damages. Parties are free to decide on a reference date on which the depreciation is to be determined. On this date a real estate expert has to establish how much the house has decreased in value due to the earthquakes. On the reference date the potential future devaluation of the house, due to future earthquakes, is to be incorporated in the sum of the damages.
Monday, 29 January 2018
Monday, 15 January 2018
In September 2017 Germany held general elections, but there still is no new government yet. After talks between the Conservatives (CDU/CSU), the Liberals (FDP) and the Greens broke down last year, Angela Merkel is trying to form a governmental `grand coalition´ between CDU/CSU and the Social Democrats (SPD). Both parties recently ended exploratory negotiations and issued a joint statement on 12 January 2018 that gives a first indication of Germany´s policy plans for the next 4 years. Although the paper is not yet a full-fledged coalition agreement, it nonetheless details the main policy lines that the possible new German government is intending to follow. So what does it have to say on energy and the climate ?
Thursday, 14 December 2017
Building on the presentations held at the annual European Energy Law Seminar taking place every January in The Hague (NL), this book reviews central energy law issues from a national, EU and international perspective. It has been an honour for me to contribute a chapter on ´Shale Gas and the EU´ (chapter XIV). The book is available from Intersentia here. The Table of Contents can be found here.
Tuesday, 5 December 2017
report on the results. This Union-Wide Security of Supply Simulation Report 2017 found that particularly South-East European countries (namely Romania and Bulgaria) as well as Finland could run into severe issues in case of disruption of gas supplies to Europe.In 2017 the European Network of Transmission System Operators for Gas (ENTSOG) conducted a `stress test` (security of supply simulation) for the European gas network and recently published a
Thursday, 30 November 2017
The Dutch Energy Law Association announced that the upcoming 29th round of the European Energy Law Seminar will take place on 22 and 23 January 2018 in Hampshire Hotel Babylon in The Hague (Netherlands). The finalized programme and all further details will be available asap at the Association`s website www.never.nl. Registration will be possible via that website. Financial support for European PhD or Master students is available to enable participation in this high-profile seminar.