CHP plants – obligation to stay connected

Case no. 101/2012 and 102/2012
Judgment delivered on 16 June 2014

Tommy Lund
Anna Fuhlendorf
Palle Kløve Pedersen
vs.
The Municipality of Randers

and

Tommy Lund
Anna Fuhlendorf
Palle Kløve Pedersen
vs.
The Energy Board of Appeal

The case concerned whether the Municipality of Randers had rightly ordered the appellants to stay connected to the CHP plant Uggelhuse Langkastrup Kraftvarmeværk AmbA, and whether the Energy Board of Appeal had rightly upheld this decision.

The Supreme Court held, among other things, that the decisions of the Energy Board of Appeal fulfilled the justification requirements, and that the Municipality's decision on the obligation to stay connected to the plant had not been made with retrospective effect, as the appellants' notices of termination had not taken effect when this decision was made. A new allegation before the Supreme Court to the effect that the appellants should have been exempted from the obligation to stay connected because they had wood burners was rejected due to inactivity, as it was no longer possible to collect sufficient evidence in the case.

Consequently, the Supreme Court found for the Municipality of Randers and the Energy Board of Appeal.

The High Court had reached the same conclusion.