However, some companies refuse to make this change and only offer the more expensive replacement tariff to customers who have canceled their old contract on their own initiative. The Federal Network Agency has now made it clear in a current position paper dated January 18th that this is not permitted.
Replacement care is an exception rule
In its current position paper, the Federal Network Agency makes it clear that the replacement supply tariff is an exception that only comes into play in the event of a supplier bankruptcy.
The consumer advice centers have been reporting for some time on complaints from customers who, after terminating their contract, instead of getting the cheaper basic service, were only included in the replacement service tariff at significantly higher prices.
The Federal Network Agency has now made it clear that there is no legal basis for this and that it is not permitted. On the contrary, prices and conditions could be very different in replacement care and basic care. There are therefore clear legal regulations as to the conditions under which electricity and gas customers are to be assigned to the respective tariff.
Basic care is the standard care
In its position paper, the supervisory authority expressly points out that every gas and electricity customer has a documented right to switch to the basic supply tariff with the local provider. This also applies if the customers have canceled their previous delivery contract because the prices in the previous tariff have been increased. Many customers then ended up with significantly more expensive replacement care for three months.
Replacement supply as an exception if suppliers go bankrupt
“Neither a termination of the previous contract by the customer nor by the supplier means that this customer is not allowed to switch to the basic provider tariff, but must first switch to the more expensive replacement service. The replacement supply is only intended in the event that a supplier goes bankrupt and can no longer deliver.”
Federal Network Agency
In the Federal Network Agency's interpretation, this rule must be interpreted narrowly.
“An (analogous) application of this exception to the detriment of household customers is generally not an option.”
Federal Network Agency
Even structures that no longer cover costs due to high customer growth in basic services do not legitimize the need for a more expensive replacement tariff. At best, the prices of basic services can be increased within the framework of the legal regulations.
Federal agency calls for more transparency
Finally, in its position paper, the supervisory authority calls on energy providers to be more transparent. Apparently some providers do not necessarily make it easy for their customers to find out about the energy prices in the various tariffs.
Due to the high current relevance, the Federal Network Agency would also like to point out the requirements for the publication of general prices for basic and replacement services. The publications on the Internet must be easy to find (Section 36 Paragraph 1 Sentence 3 1.HS EnWG ).
Federal Network Agency
Source:
Federal Network Agency
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