Anger over increase

Customer goes to court over high electricity price

A Burgenland Energie customer went to court in anger over the increase in his electricity tariff. In a first-instance ruling, he was awarded 67 euros. The energy company, however, emphasized that he would have saved almost 900 euros by switching tariffs. The dispute could go to further instances.

The bone of contention was an increase in the electricity price by Burgenland Energie, which Friedrich K. from Großwarasdorf received at the end of 2022. The tariff was revised upwards significantly at the time. This was incomprehensible for the Central Burgenland resident. The increase was based on the ÖSPI (Austrian Electricity Price Index). This is based on the wholesale electricity prices on the Leipzig Energy Exchange. However, the Burgenland-based energy company supplies 100 percent renewable energy.

Proceedings lasted nine months
This did not sit well with K., so he hired a lawyer and filed a lawsuit. The proceedings at Eisenstadt District Court lasted around nine months. Now there is a non-final judgment. With a value in dispute of 648 euros, K. was awarded 67.44 euros.

Court criticizes price clause
In the first instance, the court came to the conclusion that the price change made on the basis of the ÖSPI contradicted the reasonableness required by the Electricity Industry and Organization Act. The price increase clause was not intended to compensate for general inflation, but to adjust for changes in market prices. The customer should also have been informed of the change one month before it took effect and informed that he had the right to terminate the contract free of charge. This did not happen.

Disadvantage for customers?
K. is satisfied with the ruling. It was not about the money, but about showing that cheaply produced renewable energy was being priced through an expensive ÖSPI - to the detriment of customers.

Different legal views
Burgenland Energie, on the other hand, states that it strictly adheres to the legal provisions when adjusting prices. In legal terms, the specific proceedings are an individual case without precedent. Like other energy providers, the customer could have been terminated because he had not accepted a more favorable offer. The energy company emphasizes that it did not take this route on purpose.

20,000 euros in costs for 67 euros in credit
The fact that the customer was not interested in an out-of-court settlement despite the low amount in dispute is incomprehensible. Repeated offers for a settlement had been rejected by the Central Burgenland resident. The energy supplier also points out that the legal fees for the proceedings amount to around 20,000 euros - with a credit note of 67 euros. According to Burgenland Energie, the customer could have saved almost 900 euros if he had simply switched to a cheaper tariff.

The customer is now threatened with a claim for damages
For its part, the company is now considering a claim for damages against K. In the course of this, the energy supplier could reclaim a 478 euro discount granted to K.. There are also plans to take the matter to further instances.