“Thousands of cases” – OGH: composite price increase of 2023 is not permitted

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The electricity price increase of the listed energy supplier network with an effect of 1 March 2023 was not legally permitted. This was the conclusion of the Supreme Court (OGH) as part of a procedure initiated by the former head of the Consumer Protection Association (VSV), Peter Kolba.

The VSV now strives for reimbursements for affected customers and does not exclude a Class Action right case. In turn, the network refers to one -off payments that have already been made and is currently investigating further legal action.

Like other providers, the association had based that the newly established section 80 (2A (Elwog) (Elwog) had created a legal price change in a short -term change in a short -term change in a short -term change.

However, this legal text “does not refer to the legal authorization of the supplier to change the rates for existing contracts,” says the OGH opinion (8 OB 115/24F). On the contrary, another agreement, for example in the General Terms and Conditions (GTC), is necessary as a basis for a price change.

However, the general general terms and conditions of the network are not suitable for justifying a unilateral price change by the company.

“Earlier reimbursements too low”
VSV chairman Daniela Holzinger-Vogtenhuber mentions the extra income of the electricity group due to the price increase “injustice gain” and now wants to have discussions with the network about repayments. Flat -rate reimbursements that were previously carried out by the company are far too low. At the VSV, “thousands of things” were collected with claims for reimbursement. The VSV has already introduced an order for the future.

The association “confirms the preservation of the judgment and analyzes further steps, also in connection with the provisional exemption from the VSV,” says a declaration from the company.

The price increase of 2022 was also not permitted
The price increase of 2022 was also declared unacceptable. In the end, the association was therefore agreed with the VKI in September 2024 for a flat compensation for the amounts that are paid too much. At that time there was a reimbursement of around 90 euros with an average electricity consumption of 3300 kWh.

Source: Krone

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