The Association for Consumer Information is now demanding repayments to those affected.
Of the Supreme Court (supreme court) has declared a price change clause of the Carinthian state energy supplier Kelag, which provided for an unlimited possibility of price changes, to be inadmissible. The prices passed on in the past years on the basis of the old and new general terms and conditions are “to be repaid to the customers to the extent of the corresponding increase amount,” demanded the Association for Consumer Information (VKI) on Thursday in a broadcast.
The VKI had sued Kelag on behalf of the Ministry of Social Affairs because of two price clauses. Until March 2020, Kelag’s General Terms and Conditions (GTC) contained a price adjustment clause that enabled Kelag to make price adjustments without upper limits. A price increase for electricity took place on this contractual basis in autumn 2019. “With the introduction of new general terms and conditions in 2020, the currently charged energy prices should be considered as agreed or revised,” says the VKI. Kelag also initially issued a cease-and-desist declaration, but subsequently did not comply with it, they wanted to “continue the increased prices with a new clause”. Both clauses were declared inadmissible by the OGH.
“Since the legal basis for the price increases that took place on this basis in the past is no longer applicable, such price increases by Kelag have been carried out without legal reason and have to be repaid to those affected,” said the VKI. The redesign of Kelag’s energy tariffs as of April 2022 is not affected.
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