The regional court declared the association’s price change clause invalid. Thousands of customers could now get money back. The details.
According to the APA, the Vienna Commercial Court overturned a price increase by the partially state-owned electricity group Verbund from May 2022. The Association for Consumer Information (VKI) had sued after the association had increased prices on the basis of this clause. If the verdict holds, thousands of customers could now get money.
The Association for Consumer Information announced that the legal basis for the increased tariffs that have been charged since May 2022 will no longer apply. In the opinion of the VKI, the fees charged on the basis of the clause since the price increase should be reimbursed to the extent of the corresponding increase.
Price increase not allowed
In March 2022, Verbund announced a price increase for its household and commercial customers as of May 1, 2022. According to the APA, it is not known how many customers were affected. At the end of 2021, Verbund had around 450,000 electricity and 80,000 natural gas customers.
In the case of electricity, Verbund relied on a clause that referred to the Austrian electricity price index (ÖSPI), which is dependent on the stock market price. Because Verbund advertises that 100 percent of its electricity comes from hydroelectric power plants, the VKI has filed a lawsuit against precisely this clause.
“Repay Price Increases”
The commercial court has now declared this inadmissible – the judgment is not final. “If the verdict holds, then the association must also pay back these price increases, because then the basis for these price increases will no longer apply,” explained VKI lawyer Maximilian Kemetmüller to Ö1 on Thursday.
The association said it would analyze the verdict and appeal against it, the report said.