Leveringszekerheid leidt niet tot betalingsonzekerheid


To ensure the continuity of consumer gas supplies in The

Netherlands, the government regulator (DTe) can

withdraw the supply license of a failing gas retail business

on the basis of a governmental decree. In such event, the

customers of the failing business will be distributed

among the other retailers on the market pro rata parte – if

the customer base cannot be sold and transferred to a

market party. A guarantee mechanism for payment of

suppliers of the retailer will be in force from the

withdrawal decision until the consumers have been

distributed. The decree is believed to be unclear in its

expression as to when the regulator will withdraw a retail

supply license. Hence, it seems unclear from what

moment the guarantee mechanism will commence. The

resulting financial insecurity has led the national main gas

wholesale supplier GasTerra to demand bank guarantees

from the various gas retailers on the market. The author

attempts to argue that the financial risk involved can be

deemed limited on the basis of close reading of the

wording of the decree and the official explanatory notes

thereto. Consequently, the author considers the demand

for bank guarantees unnecessary. Whatever risk may still

result from the discretionary power of the regulator can be

diminished by amending the governmental decree


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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Marius Kraamwinkel | Attorney Advertising

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