Energy Charter Treaty strikes again as Uniper sues Netherlands over coal phase-out
(EurActiv, 20 Apr 2021) German energy company Uniper has confirmed its intention to sue the Dutch government over the country’s planned coal phase-out, in what will be the second legal challenge filed against the Netherlands this year under the controversial Energy Charter Treaty.
Uniper confirmed to EURACTIV its intention to file a claim under the Energy Charter Treaty, saying the Dutch coal phase-out law, agreed in December 2019, violates international law and lacks adequate compensation for affected companies.
The move follows a similar claim filed by German energy giant RWE against the Netherlands in February. Both mean Dutch taxpayers may end up having to foot the bill for the companies’ stranded coal assets.
“I really think the case is an utter scandal,” said Pia Eberhadt, a researcher at Corporate Europe Observatory, who has been following the heavily criticised Energy Charter Treaty.
“These companies should be held accountable for destroying the planet, for ignoring climate science, for lobbying against climate action for decades. But here they are, wanting more public money for being asked to stop destroying the planet,” she said.
According to Uniper, the Energy Charter Treaty is the appropriate platform to discuss the legitimacy of the Dutch coal phase-out act. And there is not yet a claim for compensation, according to Uniper’s parent company, Fortum.