The Netherlands

On behalf of the team

On 31 March 2022, the summons of Stichting Nuon-claim versus Vattenfall et al. (formerly Nuon) was registered in the central register for collective claims.[1] The object of Stichting Nuon-Claim is to promote the interests of large-scale users (these are often small and medium-sized enterprises) that have suffered damage as a result of Vattenfall et al. According to the foundation, this damage was caused because Vattenfall et al. wrongly charged its large-scale users a kW fee. This fee usually pertains to the provision of the maximum network capacity that the customer needs at any time. Because this service is only provided by a grid manager, Vattenfall et al., as a supplier, cannot charge these costs.

In this class action, the foundation is therefore claiming, inter alia, payment by Vattenfall et al. of the amounts that the injured parties paid to Vattenfall et al. in kW fees during the relevant period. This amount is estimated at more than € 400,000,000. The claim is primarily based on unlawful act; Vattenfall et al. violated their duty of care, and in addition, it made misleading statements. Alternatively, the foundation bases its claim on undue payment and, as a third alternative, on breach of contract.