Legal Advice on Limitation Periods


Questioner

We have discovered that we have been paying too much for electricity for years because we are on the system for 3x 35 and have 3x 25. Someone is coming now to check if this is correct and if so they will pay us back retroactively. Only now they indicate that they do not have to do this for more than 5 years (we have been paying this for 18 years) because the other years have expired

Lawyer

In addition to the general limitation period of 20 years, there are also a number of special limitation periods. For example, the limitation period for contractual claims is only 5 years, article 3:307 BW. The law speaks here of an obligation from an agreement. Here you should not only think of a monetary claim, an unpaid loan or a rental claim, but any obligation that you enter into. The other party can then no longer legally take any action to enforce payment of the claim. The limitation period commences after the start of the day following the day on which the claim became due. This is based on article 3:307, paragraph 1 BW. Unless, you can demonstrate that the 3x35 standard was not correctly entered into the system at the time and you clearly agreed on the 2x25 standard. If you would like further advice, you may contact me directly if desired.

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