Stichting Benadeelden in Actie, a foundation representing affected parties, has initiated legal proceedings against the Netherlands Authority for Consumers and Markets (ACM) regarding the bankruptcy of Flexenergie B.V., which occurred in 2018.

Flexenergie was granted a license by ACM in 2014 to supply electricity and natural gas, having met the necessary statutory requirements at that time. ACM monitored the company through various enforcement actions, including unannounced inspections and fines, but acknowledged that while oversight can mitigate bankruptcy risks, it cannot eliminate them entirely.

The liberalization of the Dutch energy market in 2004 allowed new entrants like Flexenergie to operate with fewer restrictions. However, ACM has since tightened its regulatory approach in anticipation of new legislation under the Dutch Energy Act, which came after the bankruptcy in question.

The lawsuit will be adjudicated by the District Court of The Hague, which will first determine if Stichting Benadeelden in Actie has the standing to bring the claim. The court's decision will dictate whether the case proceeds to a substantive hearing. ACM has stated it will refrain from commenting further while the case is ongoing.