The Role of the Highest Administrative Court and the Protection of the Interests of the Energy Consumers in the Netherlands

95 Pages Posted: 7 Sep 2014

See all articles by Saskia Lavrijssen

Saskia Lavrijssen

Tilburg University - TILEC

Julia Eijkens

Tilburg University

Maud Rijkers

Tilburg University

Date Written: September 1, 2014

Abstract

This report analyses 83 key judgments of the highest administrative court for energy cases in the Netherlands - the Appeals Tribunal for Trade and Industry (hereafter: CBB) - to examine how the CBB has lived up to the EU law principle of effective legal protection in practice in the energy sector. For the purpose of answering the central question of this paper, a normative framework has been developed for assessing the judgements of the CBB. The requirements that follow from the EU law principle of effective legal protection are subdivided in five themes that relate to the specific duties of the CBB to grant effective legal protection to the energy consumers. These themes are analyzed in an intensive way, each involving a review of key cases of the CBB that are related to the relevant themes. The report concludes that the CBB has not fully and consistently complied with the requirements of effective legal protection when reviewing administrative decisions in the energy sector. The analysis of the key cases in the energy sector shows a mixed picture. It concludes with some recommendations for the legislator and the CBB to enhance the legal protection of the energy consumers in the future.

Keywords: legal protection, consumers, administrative courts, energy, network regulation, complex economic assessments

JEL Classification: K23, K40, K41

Suggested Citation

Lavrijssen, Saskia and Eijkens, Julia and Rijkers, Maud, The Role of the Highest Administrative Court and the Protection of the Interests of the Energy Consumers in the Netherlands (September 1, 2014). TILEC Discussion Paper No. 2014-032 . Available at SSRN: https://ssrn.com/abstract=2491564 or http://dx.doi.org/10.2139/ssrn.2491564

Saskia Lavrijssen (Contact Author)

Tilburg University - TILEC ( email )

P.O. Box 90153
Tilburg, DC 5000 LE
Netherlands

Julia Eijkens

Tilburg University ( email )

P.O. Box 90153
Tilburg, DC 5000 LE
Netherlands

Maud Rijkers

Tilburg University ( email )

P.O. Box 90153
Tilburg, DC 5000 LE
Netherlands

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