Terminating a business energy contract early may result in a termination fee. Whether you have to pay it and how high it may be depends, among other things, on the type of customer, the contract, the applicable terms and conditions and the relevant dates. So first ask for an itemised calculation. A high amount is not automatically invalid, but a mere reference to a penalty clause is not a full explanation either.
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Written by Onur Arslan, attorney at Arslan Advocaten. Registered in the specialisation register of the Netherlands Bar for employment law and personal injury.
For a business owner, this is often about more than switching to a cheaper rate. You are closing your business, moving, selling a branch or discovering that an intermediary has concluded a longer contract than you expected. First determine which problem you want to solve. If the dispute is about whether the contract exists at all, see our explanation of a disputed energy contract concluded by telephone. If it is mainly the consumption or the rate that is wrong, read about disputing a business energy bill.
Which rules apply to your business?
The label “business” does not fully answer that question. The current energy rules distinguish, among others, between household final customers, micro-enterprises and other businesses. A business may be small in everyday language without that settling the legal assessment. The number of employees, turnover or balance sheet total and the applicable definition must be checked. The connection and the way energy is used may also be relevant.
It also matters when the contract was concluded, amended or renewed and when you give notice. The Energy Act (Energiewet) entered into force on 1 January 2026, but a judgment from 2026 may still concern a much older contract and an earlier termination. So do not rely on a current general explanation without checking the period relevant to your own case.
The ACM (the Netherlands Authority for Consumers and Markets) explains the current termination fee for micro-enterprises. That explanation cannot be applied to every larger business customer without further assessment. For larger customers, the agreed allocation of risk and purchasing arrangements are often more decisive.
First check exactly what has been terminated
For each connection, list the supplier, address, connection number, start date, end date and contract type. Gas and electricity may be subject to different arrangements. A new location or trade name may also cause confusion about who the contracting party is. Check whether the contract is in the name of your sole proprietorship, a private limited company (bv), a holding company or a former business.
With a fixed-term contract, the term and the price arrangements are the starting point. Variable and dynamic contracts call for a different assessment. Also check whether you gave notice, the supplier gave notice or the parties ended the contract by mutual consent. Closing your business does not automatically mean that all agreements disappear. Nor does a sale of business activities automatically transfer the energy contract to the buyer.
Write to the supplier stating what you want and ask about the consequences before you confirm a definitive switch. Keep the reply with its date. An indication given orally may differ from a calculation based on the actual end date.
How do you check the calculation?
For micro-enterprises, the ACM describes the fee in terms of the loss on the energy still to be supplied. The remaining expected consumption and the difference between the agreed rate and the applicable reference offer play a role. The Energy Regulation (Energieregeling) contains further rules on the calculation and the provision of information.
Ask for a verifiable overview showing:
- the contractual basis and the applicable version of the terms and conditions;
- the last day of supply and the remaining term;
- the expected remaining consumption per type of energy;
- your contract rate and the reference rate used;
- the reference date and the corresponding reference product;
- the set-off of advance payments, credits and any benefits;
- an explanation of taxes and other components, insofar as these are included in the bill.
Worked example for illustration: with a remaining consumption of 30,000 kWh and a relevant rate difference of €0.10 per kWh, the product of those two figures is €3,000. This example does not mean that a specific invoice of €3,000 is correct. The underlying assumptions, the applicable scheme and any other components must also be right. For gas, you make a separate calculation.
According to the current ACM explanation, the supplier must provide information about the calculation on request. Within the regime described, the amount communicated is fixed for two months. So also keep a record of the date on which you received the information. If amounts differ, check whether a different end date or a different consumption figure has been used.
When may a fee be unjustified?
A contract that simply expires is different from early termination. The absence of an applicable arrangement, an incorrect calculation or the wrong customer regime may also be relevant. For the micro-enterprise regime, the ACM mentions, among other things, situations in which no termination fee applies, such as variable or dynamic contracts and certain cases without a relevant price loss.
The supplier must be able to explain its claim. At the same time, not every objection succeeds. General terms and conditions may have been agreed even though you did not read them. Whether they have validly become part of the contract is a different question from whether you were given a reasonable opportunity to take note of them. Conditions and exceptions apply to that latter question and to any annulment. More on this can be found under general terms and conditions for self-employed professionals and SMEs.
Relying on special circumstances also requires substantiation. Disappointing turnover or a cheaper offer elsewhere does not automatically make a fee unacceptable. Describe which circumstances are involved, why the outcome would be disproportionate and which documents support that. The precise legal test depends on the legal basis of the fee.
What does case law show?
In ECLI:NL:RBOBR:2026:3623, the case concerned a small business customer that disputed, among other things, the terms and conditions and the termination fee. The district court assessed the older contract against the rules applicable at the time and rejected the defences raised. An important practical point is that the contract regime cannot be inferred from the year of the judgment.
In ECLI:NL:RBNHO:2026:5005, a hospitality business argued that an intermediary lacked sufficient authority to conclude the contract. In the circumstances, the court nevertheless held the business bound. The contract confirmation and payments made in the first year were among the factors considered. The principal sum of the termination fee was awarded.
These judgments do not mean that every objection against an energy supplier is bound to fail. They show that a targeted file is needed: which arrangement is disputed, why does a different rule apply and what evidence supports that?
How do you respond to a disputed termination fee?
Respond in writing and name the specific items. A useful structure is: state the contract and the invoice, describe which assumptions you dispute, request the missing calculation and explain which amount you do consider to be owed. Ask for a response before any relevant direct debit or switching date.
A letter of objection does not automatically suspend payment or collection. Whether you may withhold or set off an amount must be assessed separately. Also make sure that ongoing advance payments and ordinary supply costs do not quietly become part of the same dispute. For that distinction, read about suspension in business relationships and setting off business invoices.
If you cannot reach a solution, look into the complaints procedure, any access to a disputes committee and the competent court. Access to a committee depends on the party, the contract and the rules of procedure. If you receive a summons or an announced termination of supply, it is important to act immediately; do not let the response period expire while corresponding about the calculation.
Which documents are needed for an assessment?
Gather the contract, all versions of the terms and conditions, the contract confirmation, any power of attorney, correspondence with the intermediary, annual statements, meter readings, the switching notification and the calculation of the fee. Add a timeline. State when you learned of the contract term and how you responded.
Through its corporate and commercial law practice, Arslan Advocaten can assess your contract, the calculation and your litigation position. Discuss the work, the costs and the urgency in advance. The outcome depends on your file; a general promise that every termination fee will lapse does not fit with that.
Frequently asked questions
Can I always terminate free of charge when I close my business?
No. Closing your business does not automatically end an energy contract. Check the term, the termination arrangements, the customer category and the applicable rules.
Does every self-employed professional (zzp’er) have a fourteen-day cooling-off period?
No. A genuinely business contract does not automatically carry the same cooling-off period as a consumer contract. Use of the premises as a home, the way the contract was concluded and any contractual cooling-off period each deserve a separate assessment.
Is a very high termination fee automatically invalid?
No. You must examine the legal basis, the calculation and the circumstances. A large amount may, however, be a reason to check the underlying assumptions carefully and to assess whether you can rely on applicable protective rules.
May the supplier start debt collection while I am objecting?
An objection does not automatically block that. Respond on the merits, keep evidence and have it assessed which payment obligation and which possible defences exist.
Sources and legal basis
- District Court of North Holland, 8 April 2026, on being bound and a disputed authority in a business energy contract (ECLI:NL:RBNHO:2026:5005).
- District Court of East Brabant, 27 May 2026, on energy terms and conditions and the substantiation of the final bill (ECLI:NL:RBOBR:2026:3623).
- ACM on the termination fee for an energy contract.
- Government Gazette (Staatscourant) 2025, no. 37730.
Corporate and commercial law at Arslan Advocaten. This article is revised when the law changes. Last updated: 19 September 2026. General information is not legal advice on your own situation.
