Tag Archive for 'gas prices'

BGH Ruling on Gas Price Clauses

In its decision of 31 July 2013, the Federal Court of Justice (BGH) ruled that a standard gas price adjustment clause used by RWE in its general terms and conditions with special consumers (Sondervertragskunden) is invalid. BGH rejected the appeal of RWE, Germany’s second-largest energy supplier. The decision of the BGH follows a preliminary ruling from the European Court of Justice in March.

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ECJ: RWE Gas Price Clauses are Subject to Review of Unfairness

In its decision of 21 March 2013 the European Court of Justice (ECJ) ruled that standard terms in consumer contracts remain subject to review for unfairness if the statutory provisions they reproduce are applicable only to another category of contracts.

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BGH: More Gas Price Adjustment Clause Decisions

In a recent ruling, the Federal Court of Justice (Bundesgerichtshof – BGH) again declared a gas price adjustment clause in a contract with a special customer void. In another gas case, it asked the European Court of Justice for a ruling.

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Preliminary Price Abuse Investigation Against 19 Regional Gas Suppliers in NRW

The Ministry of Economic Affairs and Energy of the State of North Rhine-Westphalia (NRW) announced yesterday that its state cartel office started preliminary investigations of 19 gas suppliers operating in the state on suspicion of price abuse with respect to gas prices. Continue reading ‘Preliminary Price Abuse Investigation Against 19 Regional Gas Suppliers in NRW’

BGH: Gas Price Adjustment Clauses in Essen Void

Following previous rulings, the Federal Court of Justice (Bundesgerichtshof – BGH) on 13 January 2010 declared price adjustment clauses in gas supply agreements of the municipal utility of Essen (Stadtwerke Essen) void. Continue reading ‘BGH: Gas Price Adjustment Clauses in Essen Void’

E.ON Hanse Looses 70 Gas Price Court Cases

E.ON Hanse, a regional gas supplier and subsidiary of E.ON AG, lost a further 70 price increase court cases in the Local Court (Amtsgericht) of Winsen, Lower Saxony. The company had filed law suits against customers who had reduced payments claiming E.ON Hanse had inappropriately increased gas prices. Continue reading ‘E.ON Hanse Looses 70 Gas Price Court Cases’

Gas Sales Decline But Consumer Prices Don’t Fall

Due to the economic crisis German gas suppliers sell less gas and even have to store excess gas. Still, prices for consumers do not fall. Continue reading ‘Gas Sales Decline But Consumer Prices Don’t Fall’

Regional Court of Hamburg Denies E.ON Hanse to Raise Gas Prices

The Regional Court (Landgericht) of Hamburg declared a price adjustment clause in gas contracts void that gave E.ON Hanse, a subsidiary of the utility E.ON AG, the right to adjust gas prices “depending on the price developments on the heating market” (ref. no. 301 O 32/05).  Continue reading ‘Regional Court of Hamburg Denies E.ON Hanse to Raise Gas Prices’

BGH: Obligation to Adjust Prices Downwards in Gas Supply Agreements

Gas suppliers also have to adjust prices downwards when gas prices go down.  In two case, the Federal Court of Justice (Bundesgerichtshof – BGH) held that price adjustment clauses in so called special agreements (“Sonderverträgen”) with customers are void if they do not include the obligation to also reduce their selling price if their costs go down. Continue reading ‘BGH: Obligation to Adjust Prices Downwards in Gas Supply Agreements’