Foundation loses major appeal case against Vattenfall

The energy company Vattenfall has not wrongly cut thousands of business customers. That’s what the judge in Amsterdam ruled.

The Nuon Claim Foundation had started a so-called mass claim case. According to the foundation, Nuon at the time, which was later taken over by Vattenfall, overcharged companies for years. This worried customers who had a relatively strong electricity connection and had to pay a so-called kilowatt fee.

About 5,000 entrepreneurs joined the cause that started the foundation in 2020. According to the foundation, they would have paid thousands of euros too much per company. The judge decided today that Vattenfall had the right to charge these costs and that they did not act illegally. If the judge had ruled in favor of the foundation, Vattenfall might have had to pay up to 400 million euros.

In a short written response, Vattenfall said it was satisfied with the decision. “It is good that there is now clarity for all parties.”

The Nuon Claim Foundation said in response that it was disappointed. “Many SMEs, non-profit institutions and sports clubs who have been paying the kW tax for years do not currently have a viable claim for a refund. the customer gets nothing back.” The foundation has not yet decided whether to appeal the decision.

It was in the world of law looking forward to this report. Because this is the first ruling in a class action case in which damages were sought and will come under a new law that came into effect in 2020. Then the WAMCA was introduced: the Massive Damages Arbitration Act in Collaborative Action.

That law allowed judges to decide whether and how much compensation should be paid to a large group of people, companies or other organizations. Before this, the parties could settle among themselves, and later the settlement was confirmed by a judge.

As of 2020, many dozens of WAMCA procedures have been initiated, which often take years. The procedures often cost a lot of money, which is why they are often paid for by so-called process financiers. These are commercial parties who pay the legal costs in exchange for a share of the money if a case is won. A litigation funder was also involved in this case.