Judge agrees with Green Planet in charging station dispute

Green Planet has come out on top in a lawsuit it had filed against a supplier of charging stations. These did not comply and Green Planet was therefore allowed to dissolve the agreement. The last word has not yet been said on possible damages.

This is according to a ruling by the Zwolle court that was already made in early February, but was only published last week. The case involved eight charging poles that Green Planet ordered from a company not named in the ruling. Of those poles, only one was delivered on time; some of the rest did not arrive and what was delivered was faulty, according to the sustainable fuelling and charging station company.

By going to court, Green Planet wanted to achieve two things: to have it established that the agreement with the charging station supplier was rightly terminated and to receive damages. On the one hand, the company wanted the purchase price of over 312,000 euros refunded. Also, Green Planet demanded over €300,000 for damages suffered. On the other hand, the supplier wanted to get the remainder of the purchase price (over 10,000 euro) and, in addition, some 5,000 euro in other costs.

Dissolution justified

That first demand was granted by the court. Green Planet has clearly shown that the chargers for cars and trucks were ordered and paid for. That the deliveries were by no means flawless was not due to a shortcoming on the part of the supplier, according to the court. But:“The court finds that Green Planet has sufficiently demonstrated that delivered charging stations are non-conforming and therefore defective.” That shortcoming meant Green Planet was in its rights by rescinding the purchase agreement.

This did not end the case. Green Planet’s financial claims were mostly unsubstantiated, according to the court. However, damages have been suffered and the company will be given the opportunity to further substantiate its claims in this respect, after which the case will be heard further.