Navigating the Complexities of Energy Price Adjustments: A Guide to Legal Certainty in the E-Economy

2023-10-18 21:56:07

There are already 50 ongoing price adjustment proceedings

Barbara Schmidt, Secretary General of Oesterreichs Energie, identifies risks for energy suppliers and end customers in the current legal uncertainty. (© Oesterreichs Energie) “The current legal basis for changing electricity prices is complex and offers a lot of scope for interpretation. The recent ruling by the Higher Regional Court on a price increase by Verbund does not provide any clarity – on the contrary: the reasoning for the judgment creates further scope for interpretation,” explained Barbara Schmidt, Secretary General of Oesterreichs Energie. “This situation makes it very difficult for energy companies to adjust prices in existing contracts – even if it involves a price reduction. We currently know of at least 50 ongoing proceedings in this context.”

According to the industry association, this legal uncertainty leads to a number of problems. Due to the great effort that price changes cause under these conditions, suppliers would have to carefully consider when to adjust prices and calculate them in the long term. “This also means that letters to customers are no longer written by the sales departments, but by lawyers – this of course also affects the comprehensibility of the texts,” continues Barbara Schmidt. In order to counteract this legal risk, many energy companies would now rely on concluding new contracts in the event of price changes.

“From an industry perspective, it is It is incomprehensible why such a fundamental economic process as changing prices in the e-economy is subject to so much legal uncertainty“, said Schmidt. “Whether it’s banking, telecoms, rents, subscriptions or fees of any kind – I don’t know of any other area where price changes cause such problems.”

Legal risk brings disadvantages for both sides

“Many of our customers find it difficult to understand the turbulence on the international energy markets and the associated effects on end customer prices, we understand that. However, wholesale prices have now stabilized once more. So that our companies can react quickly to this new situation, We need clear rules for shaping our customer relationships“, emphasized Schmidt. “As the current example shows, legal proceedings will not get us anywhere. We therefore appeal to the VKI and the Ministry of Consumer Protection to finally submit a legally secure proposal. The current situation is extremely unsatisfactory for customers and companies.”

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