Act on Independent Network Management incompatible with EU law

The 3/4-November 2010 edition of the Dutch Energy Law Reviews contain an analysis by Hans Vedder of the recent rulings of the Court of Appeal The Hague (22 June 2010, LJN BM8494, BM8495 en BM8496) on the compatibility with EU law of the Dutch Act on Independent Network Management (INM Act).

Preceding these rulings, the District Court The Hague had declared the INM Act compatible with the EU rules on the free movement of capital. However, according to the Court of Appeal, the INM Act hinders the free movement of capital, while such hindrance cannot be objectively justified under EU law.

Vedder's analysis questions the Appeal Court's finding that the INM Act hinders the free movement of capital. Furthermore, it criticises the Court's conclusion on possible grounds of justification for such a hindrance. The analysis also contains an overview of the most recent developments following the Court's rulings.