The Federal Association of Consumer Organizations (vzbv) has now filed two model declaratory actions against inadmissible price increases despite price guarantees. In the coming weeks, those affected will be able to register for the lawsuits free of charge.
primastrom and voxenergie: price guarantee broken
“In the current energy crisis, consumers rely on a secure and predictable energy supply. Companies must therefore adhere to the agreed price guarantees. Primastrom and voxenergie advertised price guarantees. Nevertheless, they sometimes increase their prices by several hundred percent. The vzbv has the court determine that this approach is illegal and that consumers only have to pay the agreed prices.”
Ronny Jahn, head of the model declaratory actions team at vzbv
Enormous price increases for those affected
Since last year, providers have more than tripled their electricity prices. In some cases, gas prices have even risen ninefold.
In the run-up to the lawsuit, over 1,100 consumers reported their cases to the vzbv. After the price increase, primastrom demanded a monthly payment of around 280 euros from a consumer for the electricity supply. Instead of 29.59 ct/kWh, she should now pay 105.79 ct/kWh – a price increase of around 258 percent. Another consumer should pay voxenergie 55.09 ct/kWh for gas instead of the original 6.45 ct/kWh after the price increase - an increase of around 754 percent. The provider suddenly demanded more than 1,100 euros per month as a deduction.
Unilateral price increases are not permitted
From the vzbv's point of view, the price increases are inadmissible because they were carried out unilaterally by the provider and without the consent of the consumers. No price adjustments are agreed in the contracts of primastrom and voxenergie. Instead, the contracts are based on a price guarantee of 24 months.
If the lawsuit is successful, it would be bindingly clarified for the participating consumers that they only have to pay the agreed prices. In addition, a claim for damages may be considered if consumers have declared an extraordinary termination due to notifications of price increases. Compensation could also be given to consumers who have been terminated by primastrom or voxenergie because they refused to pay the increased prices.
The law firm re | represents both lawsuits Vollmer Dilling Dümke partnership of lawyers mbB from Berlin the vzbv.
vzbv not only observes primastrom and vox energy
In addition to the price increases, primastrom and voxenergie also repeatedly attract negative attention from consumer advice centers on other issues - for example with telephone advertising, contracts foisted over the phone and illegal contract extensions. Of a total of almost 3,600 complaints about energy in June 2022, voxenergie and primastrom alone accounted for 44 percent.
But other energy providers are also attracting attention with questionable price increases. describe their experiences with their providers in a survey on musterfeststellungs Klagen.de After the complaints have been evaluated, further lawsuits may arise.
Further information about the lawsuits online
The lawsuit register will be opened at the Federal Office of Justice in the coming weeks. Those affected can then register and take part in the process free of charge.
Consumers can find further useful tips on dealing with price increases from primastrom and voxenergie in an article on verbraucherzentrale.de. Answers to frequently asked questions about the lawsuits can be found at musterfeststellungs Klagen.de . Consumers can also register here for a news alert, with which the vzbv informs about current developments and dates.
vzbv calls for reform of the model declaratory action
In the future, consumer associations will also be able to sue directly for reimbursement. This is not yet possible with the model declaratory action. The basis is the new EU collective action directive, which all EU states must implement by December 25, 2022. The vzbv is calling for far-reaching reforms to significantly simplify the procedure for consumers and plaintiff associations.
Further information can be found on the EU representative action topic page .
Further information
The Federal Association of Consumer Organizations offers a news alert about the lawsuit against primastrom and voxenergie. You can subscribe to it here
Source:
Federal Association of Consumer Organizations
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