Citizens and suppliers suffer from the high energy prices. Some energy discounters are terminating customers because they can no longer cover their costs. A court has now encouraged those affected: claims for damages are promising, according to the judges. It’s about a lot of money.
Some suppliers like gas.de do something that is rarely seen in companies: they keep customers at bay. Gas.de terminated all customers last winter. Reason: the “historically unique price development in the natural gas market” is forcing the company to take this unconventional step. This is reported by the “Welt am Sonntag” (WamS).
Experts immediately doubted whether the gas supplier was even allowed to take such drastic measures. This skepticism is now shared by the District Court of Düsseldorf.
The district court of Düsseldorf apparently sees it that way. “According to the current state of affairs and dispute, the lawsuit should also have a chance of success in principle,” says a court order that is available to “WamS”.
The judges therefore make it clear that the provider cannot pass on the price risk to the consumer.
The assessment of the LG Düsseldorf gives many ex-customers hope. Because they had to look for a new supplier after they were kicked out – with high extra costs for the so-called replacement supply.
After the Düsseldorf judge’s statement, a way is now emerging as to how affected consumers can have their higher costs reimbursed. This doesn’t just apply to gas.de, it could also apply to Grünwelt, Stromio and Immergrün.
Stiftung Warentest explains that energy customers can demand compensation for the damage they have suffered as a result of inadmissible terminations. The amount is based on the difference between the old and new price – based on the term of the old contract or the original price guarantee.
This often involves large sums of money. This brings service providers like Veneko into action who help citizens assert their rights online. Providers such as Rightsmart are also included.
According to the article, Veneko Managing Director Tobias Hirt estimates the compensation volume at around half a billion euros. The service providers called “Legal Techs” check legal claims and enforce them if necessary. For this they collect up to a third of the damages.
The consumer advice centers also help those affected. For example, VZ Hessen is pursuing a model declaratory action against Stromio. Consumers who have been terminated can join the procedure and be entered in the register of complaints at the Federal Office of Justice.
In the report, VZ Hessen employee Kerstin Wolf warns consumers against relying on some kind of mechanism. If the consumer advice center prevails against Stromio in court – which could take until the end of the year – ex-customers will still have to assert their claims individually afterwards.
It should be worth it. Consumer advocate Wolf expects an average of several hundred euros in damages per consumer.
Be careful: If you contact your ex-supplier directly and explain your additional costs, you can expect reimbursements. However, the suppliers’ offers often amount to only half of the amounts requested. Anyone who gets involved must then rest. Because the claim for damages is settled upon acceptance of the offer.