Tag Archive for 'AVBGasV'

BGH Rules on Price Increase in Gas Contracts for Special Customers

In two rulings against the North German utility EWE AG based in Oldenburg, the Federal Court of Justice (Bundesgerichtshof – BGH) held that EWE did not have a statutory right to raise prices pursuant to AVBGasV, as the relevant statutory provision only applied to so-called tariff customers (Tarifkunden).  The plaintiffs were special customers (Sonderkunden) to which the statutory tariff provisions did not apply. The BGH reversed the rulings of the lower instance.

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