နယ်သာလန်နိုင်ငံတွင် လျှပ်စစ်ဓာတ်အားပြတ်တောက်မှုအတွက် တာဝန်ယူမှု- ပျက်စီးဆုံးရှုံးမှုအတွက် မည်သူက ပေးဆောင်သနည်း။

Liability for an industrial power outage in the Netherlands depends on where the fault lies. The network operator pays a fixed statutory compensation for long interruptions regardless of fault, a contractor who damages a cable is liable in tort (Article 6:162 of the Dutch Civil Code, BW), and a fault behind your own connection point stays at your expense; your energy supplier is rarely the right defendant.

The statutory compensation is small and unrelated to your actual loss. Anything beyond it must be claimed in စာချုပ် သို့မဟုတ် နစ်နာကြေး, usually against a party whose general conditions exclude consequential loss. This article explains who owes what, what a Dutch court compensates, and what your own duties are while the plant is down.

Who is responsible when the power fails?

The network operator is responsible for transport, the supplier only for selling energy. Since 1 January 2026 the sector is governed by the Energy Act (Energiewet), which replaced the Electricity Act 1998 and the Gas Act, with the Authority for Consumers and Markets (ACM) as regulator.

TenneT operates the national high-voltage grid. Regional network operators such as Liander, Stedin and Enexis own the distribution grids and your physical connection. Suppliers sell and invoice energy but own no cables. If the electricity did not arrive, the network operator is your counterparty; if the failure started in your own transformer, switchgear or maintenance, the loss stays with you.

Where do industrial outages come from?

Four causes dominate: equipment failure in substations and cables, planned maintenance, excavation damage by contractors, and faults in the customer’s own installation. Establishing the cause is the first step of any claim.

The network operator records the time, duration and location of every interruption and provides that data on request. Your own machine logs, camera footage and maintenance records cover everything behind the meter.

What statutory compensation do you receive for an interruption?

The network operator pays a fixed compensation (compensatievergoeding) for an unplanned interruption caused by a fault, regardless of fault on its part. The scheme is in Article 8.20 of the Systeemcode elektriciteit 2026, an ACM code under the Energy Act.

For most connections nothing is due for an interruption shorter than four hours; for some larger low-voltage connections the threshold is two hours. The amount rises for each further period of four hours and is graduated by connection size and voltage level, so an industrial connection receives considerably more than a household. The operator must pay within six months after supply is restored; you do not have to claim it.

The payment is a regulatory incentive to restore supply quickly, not a damages regime. A production line idle for six hours receives the same amount as a warehouse with nothing running. Because the compensation is owed without fault, a network operator can try to recover it from a contractor who caused the interruption. Every claim for business interruption loss must be pursued separately.

When is the network operator liable in contract or tort?

You can claim on two tracks at once: breach of the connection and transport agreement (Article 6:74 BW) and tort (Article 6:162 BW). In both, the operator is liable only if it fell short of the care of a reasonably acting network operator.

A network operator does not guarantee uninterrupted supply. It owes an asset management regime that meets the ACM’s quality requirements, timely inspection and replacement of ageing assets, adequate redundancy where the risk requires it, and a proportionate fault response. Evidence of overdue maintenance, earlier faults on the same asset or a poor incident response turns a bad day into a claim.

A second route covers defective assets. Under Article 6:174 BW the possessor of a structure (opstal) that does not meet the standards that may be required and thereby creates a danger is liable when that danger materialises, without fault. You must still prove the asset was defective, which requires expert evidence.

Do exclusion clauses in the general conditions hold?

Usually yes between businesses: liability caps and exclusions of production loss and lost profit are in principle valid. A clause does not apply if relying on it would be unacceptable according to standards of reasonableness and fairness (Article 6:248(2) BW).

Dutch courts apply that test strictly. The classic case is intent or deliberate recklessness (opzet of bewuste roekeloosheid) by the operator or its management; an ordinary employee’s serious mistake is generally not enough. Other factors are the seriousness of the breach, the relation between the cap and the risk, whether the clause was negotiated and whether the party relying on it was insured. Our overview of ကုန်သွယ်ရေးသဘောတူညီချက်များတွင် စာချုပ်ဆိုင်ရာပြဋ္ဌာန်းချက်များ explains how these clauses are drafted.

Who is liable when a contractor strikes a cable?

The contractor who digs without proper preparation is liable in tort (Article 6:162 BW). Breach of the statutory excavation duties strongly indicates unlawfulness.

Under the Act on the exchange of information on above-ground and underground networks (Wet informatie-uitwisseling bovengrondse en ondergrondse netten en netwerken, WIBON), anyone carrying out mechanical excavation must first notify the excavation (graafmelding) to the Land Registry (Kadaster) and obtain the cable location data. The contractor cannot rely on the network operator’s general conditions against you, because you have no contract with the contractor. Where both the contractor and the operator are liable for the same damage, they are jointly and severally liable; claim against both.

Which damage can you recover?

Dutch law compensates financial loss (vermogensschade): loss suffered and profit forgone, plus reasonable costs of limiting the damage and of establishing liability (Article 6:96 BW). Only damage that can reasonably be attributed to the event is compensated (Article 6:98 BW).

• ရုပ်ပိုင်းဆိုင်ရာ ထိခိုက်မှု machinery damaged by an uncontrolled shutdown or surge, spoiled batches and scrapped raw materials.
• စီးပွားရေး အနှောင့်အယှက် lost contribution margin, idle labour costs and the cost of restarting a process.
• Mitigation costs: generator hire, emergency transport, overtime and outsourcing, if reasonable.
• Contractual exposure: penalties or damages you owe your own customers, if foreseeable.

The award is reduced to the extent the damage is also due to circumstances attributable to you (Article 6:101 BW). A business that left a process needing an uninterruptible power supply unprotected may bear part of the loss. A company cannot claim non-material damage for stress or inconvenience; see ပစ္စည်းမဟုတ်သော ပျက်စီးဆုံးရှုံးမှုအတွက် လျော်ကြေးပေးခြင်း.

Quantifying the loss is usually the decisive battle. Courts require concrete evidence: production data, figures for the same period in previous years, order books and a forensic accountant’s or loss adjuster’s report. Our guide on နယ်သာလန်မှာ လျော်ကြေးတောင်းခံနည်း လုပ်ထုံးလုပ်နည်းကို သတ်မှတ်ပေးသည်။

What do your supply and connection contracts say?

The supply contract covers the commodity; the connection and transport agreement with the network operator covers the physical connection and transport capacity. Interruption is a transport matter, so supply contracts routinely exclude liability for grid failures.

The ACM codes are binding and the network operator cannot contract out of them; the supply contract is negotiable. Check the liability cap, the force majeure clause (compare the default rule of Article 6:75 BW), the exclusion of consequential loss, notice deadlines and curtailment provisions. Independently of the contract, you must complain within a reasonable time after discovering a defective performance (Article 6:89 BW). More background is in our article on နယ်သာလန်ရှိ စီးပွားရေးစွမ်းအင်စာချုပ်များ.

What are your duties as an employer during an outage?

You must keep the workplace safe during an outage, and you continue to pay wages. Both duties follow from the Dutch Civil Code.

Under Article 7:658 BW the employer must arrange the workplace, equipment and instructions so that employees do not suffer damage at work. If an employee is injured, the employer is liable unless it proves it met that duty of care or the damage was mainly caused by the employee’s intent or deliberate recklessness. The duty also covers agency workers and self-employed contractors working under your control (Article 7:658(4) BW). Under the Working Conditions Act (Arbeidsomstandighedenwet) your risk inventory and evaluation (RI&E) should address power loss: emergency lighting, safe shutdown procedures and trained in-house emergency staff (BHV). The injury claim itself is handled by a personal-injury specialist.

If production stops, employees in principle keep their right to wages: the employer must pay unless the reason work was not done should reasonably be for the employee’s account (Article 7:628 BW). A grid failure is not. See ဒတ်ခ်ျအလုပ်အကိုင်ဥပဒေ နှင့် အလုပ်ရှင်နှင့် အလုပ်သမားတာဝန်ဝတ္တရားများ.

How does insurance fit in?

Most outage losses are settled by insurers. Check whether your business interruption cover includes a utility or service interruption extension; without it, damage to a cable outside your premises is usually not covered.

Check the radius of the extension, whether it covers the transmission grid as well as the distribution grid, and whether congestion or cyber incidents are excluded. If your insurer pays, it takes over your claim (subrogation) and pursues the operator or contractor itself. The deductible and excluded losses remain yours to claim. See နယ်သာလန်ရှိ တာဝန်ယူမှုအာမခံ.

Is grid congestion an outage?

No. If the network operator restricts transport capacity in accordance with the ACM codes and your transport agreement, that is lawful and gives no right to compensation.

Disputes about congestion concern access and the correctness of the operator’s decisions. They go to the ACM and, on appeal, to the Trade and Industry Appeals Tribunal (College van Beroep voor het bedrijfsleven, CBb), not to a damages action in the civil courts. Deal with curtailment risk in the transport agreement. See နယ်သာလန်နိုင်ငံရှိ စီးပွားရေးလုပ်ငန်းများအတွက် စွမ်းအင်ဥပဒေ.

Which time limits apply and how do you build the claim?

A damages claim becomes time-barred five years after the day following the day you knew both the damage and the liable party, and in any event twenty years after the event (Article 3:310 BW). A written letter in which you unambiguously reserve your right interrupts the limitation period (Article 3:317 BW).

Record the interruption while it happens: start and end times, the operator’s reference number, photographs and machine logs. Notify the network operator and supplier in writing the same day and reserve your rights. Ask the operator for its incident report and instruct a loss adjuster before damaged goods are destroyed. If negotiation fails, the routes are mediation and litigation; see စီးပွားရေးအငြင်းပွားမှုဖြေရှင်းရေး.

What should you check as the affected business?

• Check whether the fault was in the grid, at a contractor’s excavation or behind your own connection point.
• Check whether the statutory compensation under Article 8.20 Systeemcode elektriciteit 2026 was paid within six months.
• Check the liability cap and exclusion clauses in the operator’s general conditions and your supply contract.
• Check your business interruption policy for a utility interruption extension and the deductible.
• Check that your notice and reservation of rights were sent in writing, to stop limitation under Article 3:317 BW.

What should you check as a contractor doing excavation work?

• Check that a graafmelding was made with the Kadaster under the WIBON before mechanical digging started.
• Check that the cable location data were available on site and that cables were located by hand before digging.
• Check your liability insurance and notify the insurer immediately after a cable strike.
• Check the contract with your principal for indemnities and the allocation of excavation risk.

What can we do for you with power outage liability?

ကျွန်တော်တို့၏ စွမ်းအင်ရှေ့နေများ နှင့် တာဝန်ခံရှေ့နေများ act for industrial and commercial clients after interruptions.

• We analyse the incident report and determine whether the network operator, a contractor or the supplier is liable.
• We test exclusion clauses and liability caps against Article 6:248(2) BW.
• We send the notice of liability and interrupt limitation under Article 3:317 BW.
• We substantiate the business interruption claim with your accountant or loss adjuster.
• We review your connection, transport and supply agreements before the next failure.

အကျဉ်းချုပ်

• The network operator pays fixed compensation for interruptions, usually from four hours, within six months after restoration.
• Further loss requires a claim in contract (Article 6:74 BW) or tort (Article 6:162 BW).
• Exclusion clauses usually hold between businesses, except in cases such as intent or deliberate recklessness.
• A contractor who strikes a cable is often the most practical defendant.
• The limitation period is five years from knowledge of damage and liable party (Article 3:310 BW).

မကြာခဏမေးခွန်းတွေမေး