• Reference
  • 29 November 2016

Bech-Bruun wins lengthy trial for Energinet.dk

Back in 2011, the Danish trade association for load-following power plants, "Brancheforeningen for Regulerkraftværker i Danmark", initiated legal proceedings against Energinet.dk. The claim for compensation was close to DKK 430m. The High Court of Eastern Denmark has now announced its decision in the matter, finding for Energinet.dk.

On 25 November 2016, the High Court of Eastern Denmark rendered its decision in a case in which Bech-Bruun has defended its client Energinet.dk since 2011. The Danish trade association for load-following power plants, BRD, claimed compensation in the vicinity of DKK 430m on behalf of ten plaintiffs.

Among other things, the plaintiffs claimed that Energinet.dk had encouraged them to invest in some so-called load-following power plants in Western Denmark. These plants can produce power at short notice, supplementing the power supply in peak situations. For various reasons, these investments turned out to be unprofitable. Further, the plaintiffs claimed that Energinet.dk had acted in a way that lead the plaintiffs to believe that Energinet.dk would continue to purchase the same amount of reserves from the load-following power plants in Western Denmark. Accordingly, the plaintiffs had invested on a false basis, as this turned out not to be the case.

The High Court found that there was no basis for holding Energinet.dk responsible for the investments in which the plaintiffs had been involved.  Consequently, the High Court found for Energinet.dk, which was awarded DKK 5m in litigation costs for the five and a half year of proceedings.

Bech-Bruun has advised Energinet.dk during the entire process. 

Further information may be found at Energinet.dk's website or at energiwatch.dk (requires login).

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