Martijn van de Hel is representing an energy supplier in appeal proceedings before the Rotterdam Court against the Netherlands Authority for Consumers and Markets (“ACM”). ACM has imposed a fine on the energy supplier for offering energy contracts for business purposes to self-employed workers (or independent contractors) at their home addresses. The energy company appealed that decision of ACM.
One of the questions addressed in this case is when a self-employed worker, who works from home, acts as a consumer when entering into an energy contract for his or her home. In 2019, ACM called on all energy suppliers to offer consumer contracts to business owners (such as self-employed persons) who work from home and who wish to enter into an energy contract at their home address. ACM believes that if a business owner enters into an energy contract at his or her home address, the consumer rules apply, in principle. In that case a business owner must be regarded as a consumer rather than a business customer, according to ACM. This means, among other things, that an energy supplier must charge such customers a lower termination fee.
