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Consumer center buttoned up electricity provider after bankruptcy: do customers get money back now?

The energy crisis has forced many electricity suppliers into bankruptcy in Germany. At the utility Stromio, many contracts were terminated retrospectively at the end of 2021 – from the point of view of the consumer advice center, however, this was illegal. In the course of a lawsuit, affected customers could now receive compensation.

The energy supplier Stromio terminated numerous electricity supply contracts retrospectively in December. From the point of view of the consumer advice center in Hesse, this was illegal. With a model declaratory action, she wants to secure the rights of those affected.

“Stromio is breaking its contractual obligations. That is unacceptable,” says Philipp Wendt, head of the consumer center in Hesse. contracts are to be observed. This principle also applies to companies. “With our model declaratory action, we are basically making it clear that Stromio must compensate for any damage caused.” This claim is relevant insofar as Stromio has not filed for bankruptcy to date, but “only” terminated the contracts. However, the provider’s offices appear to have been cleared.

Stromio justified the terminations with the recent significant price increases on the electricity market. From the point of view of the consumer center Hessen, this behavior is a clear breach of contract. Price increases are part of the normal entrepreneurial risk. The provider must bear this and may not pass it on to his customers without being asked.

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Insolvent electricity provider terminates contracts: are those affected entitled to compensation?

Stromio's bankruptcy and subsequent retroactive terminations made waves in the market.
Stromio’s bankruptcy and subsequent retroactive terminations made waves in the market.

IMAGO / Panthermedia

With its model declaratory action, the consumer advice center in Hesse is taking action against Stromio on behalf of those affected. Before the higher regional court it is to be determined that Stromio has breached its obligations. In this way, former customers should be able to receive compensation. Because of the retrospective contract termination, many suddenly had to purchase much more expensive electricity. Some of the basic suppliers raised the prices to over one euro per kilowatt hour because they were surprised by the new customers and the high procurement costs. The increased electricity costs were a not insignificant part of the inflation rate in January.

“Depending on the term, we expect quite considerable damage amounts of several hundred euros per contract and suspect numerous victims. That’s why the lawsuit is an important concern for us. Our lawyers are preparing the statement of claim,” says Wendt. Anyone affected can register in the register of complaints in order to benefit from the effects of the lawsuit. Free entry is possible as soon as the Federal Office of Justice has opened the register. Experience has shown that this will take a few more weeks after the soon-to-be-planned lawsuit. The consumer advice center Hessen also provides information on its website about the current status.

The original of this post appeared first at Inside Digital.

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