Dutch Court Annuls ACM Decision on Inter-TSO Compensation for BBL Company

23 July 2025

On 15 July 2025, the Dutch Trade and Industry Appeals Tribunal (CBb) concluded that the Authority for Consumers and Markets (ACM) lacked the authority to introduce and impose an Inter-Transmission System Operator (TSO) Compensation (ITC) and annulled its decision. This judgment is final and not subject to further appeal.

On 23 December 2024, Dutch regulator ACM, published its final decision to amend the Transportcode gas LNB, introducing a basis to impose an ITC on transmission system operators, more specifically on BBL Company (BBLC). As stated in January 2025, BBLC initiated appeal proceedings with the relevant Dutch administrative court (CBb) against this decision.
 
The full judgment issued by the CBb is available here (Dutch only).

 

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