A Dutch supplier of waste heat and CO2 filed a lawsuit against a Dutch pepper grower for unpaid invoices. In response, the grower successfully filed counterclaims, resulting in both parties owing each other millions. The dispute centered on what constituted a market-based energy price.
The grower had a supply agreement with the supplier, which was later amended to allow for an annual market conformity test. This test enabled the grower to compare the energy price for waste heat and CO2 with energy costs at another location, where electricity was also produced using a combined heat and power (CHP) system. The grower argued that excess electricity sold on the APX market should factor into the energy cost calculation.
On September 11, the Rotterdam court ruled in favor of the grower, stating that the revenues from returned electricity should be included in the calculations. The grower was awarded over €3.8 million in compensation for the years 2019-2021. However, the grower must also pay outstanding invoices of €3.6 million, and the court ordered both parties to settle their amounts.
Despite the supplier's concerns about the impact of the CHP system and market changes, the court upheld the market conformity test and dismissed claims that the addendum endangered the supplier's business.