Stibbe wins summary proceedings for energy companies

Under the strict sustainability provisions of the Agreement on Energy for Sustainable Growth 2013 (known as the Energy Agreement), coal-fired power plants in the Netherlands are using an increasing proportion of biomass instead of coal. Biomass is subject to strict requirements to ensure not only that levels of CO2 in the atmosphere are reduced, but also that only biomass from sustainably-managed forests is used. Greenpeace had claimed that the energy companies were not complying with the Energy Agreement and demanded a ban on the further use of biomass, which would have led to an increase in the use of coal.

In preliminary relief proceedings, the Court saw no reason to grant the prohibition demanded by Greenpeace and pointed out that the provision requested by Greenpeace was diametrically opposed to the objective intended by the parties in the Energy Agreement: a reduction in CO2 emissions. The energy companies also reiterated their commitment to abide by all agreements.

Read the full decision of the Court here (in Dutch).