The following Energy practice note provides comprehensive and up to date legal information covering:
This Practice Note contains a jurisdiction-specific Q&A guide to electricity regulation in Netherlands published as part of the Lexology Getting the Deal Through series by Law Business Research (published: September 2020).
Authors: Bird & Bird LLP—Sophie Dingenen; Annelisa Wibier
The legislative framework for the electricity sector in the Netherlands is based mainly on European regulations and directives. The European directives contain certain goals that should be achieved by the individual member states; however, each member state is, to a certain extent, free to decide how the achievement of such goals are implemented. European regulations have direct binding legal effect throughout the member states and enter into force on a set date in all the member states as provided for in the relevant regulation. Individuals may immediately invoke a European provision at a national or European court. It also has effects the other way around, as individuals must perform their activities in, for example, the electricity sector in accordance with the provisions of the European legislation.
The first European Directives, specifically the Electricity Directive implemented in 1997, have been amended over time, most recently by the Electricity Directive 2019/944. The latest package of directives is better known as the ‘Clean Energy Package’ or ‘CEP’. The European legislative framework has been the
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SRA Code of Conduct for individuals and firmsThis Practice Note provides guidance on the SRA Codes of Conduct, contained in the SRA Standards and Regulations, in force from 25 November 2019. The SRA Standards and Regulations include two Codes of Conduct—a Code forSolicitors, RELs and RFLs and a Code
Joint, several, and joint and several liabilityContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be:•joint•several, or•joint and severalWhether an undertaking is joint, several, or joint and
Contractual damages—non-pecuniary lossesThis Practice Note considers the different categories of contractual damages that may be available for non-financial loss (non-pecuniary loss), ie punitive damages, damages for loss of enjoyment and loss of amenity, restitutionary damages and negotiating
Contract interpretation—express terms in contractsExpress and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made
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