A grid operator is not liable for damages in the event of exceeding the 18-week period for an electricity connection.

Until recently, (Article 23 of) the Electricity Act stipulated that a grid operator had to realize an electricity connection within a reasonable period. That period was deemed to have lapsed if the connection had not been completed within 18 weeks of the request being submitted.

(This article was amended on 22 February 2025. It now only states that a connection must be realized within a reasonable period.)

On 20 May 2020, ZTN submitted a request to grid operator Enexis for a connection to the electricity grid. On 11 September 2020, ZTN’s lawyer reminded Enexis of the statutory connection period of 18 weeks under Article 23 of the Electricity Act and demanded that the connection be completed no later than 30 September 2020. On 4 November 2020, Enexis confirmed to ZTN that the connection work would begin on 14 December 2020. ZTN was connected to the electricity grid on 17 December 2020.

ZTN claimed damages for the costs incurred from using emergency generators. The claim was based on the argument that Enexis failed to connect ZTN to the grid within the 18-week statutory period. The district court upheld the statutory 18-week period and ordered Enexis to pay €173,473.59 in damages.

The appeal concerns whether Enexis can be held to the mandatory 18-week connection period under Article 23 of the Electricity Act and, if not, what period should apply.

The legislator had included an 18-week period in the Electricity Act. However, under the European Electricity Directive, the legislator was not authorized to do so. The authority to set such periods lies solely with the ACM. In 2024, the ACM issued a decision establishing maximum connection periods.

Enexis argued that the 18-week period in Article 23 of the Electricity Act should be disregarded, as it undermines the right to effective judicial protection, as enshrined in Article 47 of the Charter of Fundamental Rights of the European Union. In short, this article guarantees that anyone whose rights and freedoms under EU law are violated must have access to a fair and public hearing before a court.

Had the ACM set the connection periods, Enexis could have appealed to the Trade and Industry Appeals Tribunal. Because the legislator wrongly set the periods, Enexis had no opportunity to have them reviewed by a court. A court is not allowed to substantively review legislation. As a result, it is extremely difficult—if not impossible—for Enexis to defend itself against a damages claim from a contracting party such as ZTN. For this reason, the court of appeal concluded that the 18-week period in Article 23 of the Electricity Act must be set aside.

In this case, the court of appeal considered a period of 25 weeks to be reasonable. It based this on, among other things, an overview from the ACM, which showed that the average connection time for connections like ZTN’s in 2020 was 35 weeks. The ACM’s 2024 decision states that for large connections, a period of 26 weeks plus a dynamic regional waiting time depending on complexity applies. Although this decision only came into effect on 1 January 2025, the court considered it indicative that 25 weeks was a reasonable period in 2020.

Since Enexis completed the connection within 25 weeks, the basis for the damages claim no longer exists. ZTN will therefore not be compensated.

In another case—more or less complex, or in a different region—the reasonable period may be longer or shorter. Or it may indeed have been exceeded. In such cases, the grid operator may still be held liable…

For questions, please contact Per van der Kooi, Attorney at law in Real Estate & Rental Law

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