Six Energy Suppliers Received a Summons Today Regarding Potentialy Unjustified Price Increases for Millions of Dutch People with a Variable Energy Contract. Several Parties Are Demanding Compensation for Excessively Rapid Price Increases. However, people should not get their hopes up just yet if they join the claim.
Vattenfall, Eneco, Essent, Energiedirect, Budget Energie, and Greenchoice Must Appear in Court. Their Price Increases WERE DEPLEIGULARLY MOTICEIBLE After the Outbreak of the War in Ukraine, When Market Prices for Gas and Electricity Soared, and Energy Suppliers Increased Their Variable Rates Almost As Quickly.
Accordance to the Consumers Competition Claims Foundation, which Collaborates with the Consumers’ Association and Association Eigen Huis, This was not permissible. The Foundation Points to a Ruling by the Amsterdam Court Against Vattenfall in March, which Found that the General Agreements on Price Changes For Variable Contracts Were Too Unclear, and Vattenfall was not allowed to change the prices as a result.
The Claim Organizations Are Now Extending That Ruling to Other Energy Suppliers That use precisely the same conditions for their prices. All Price Changes for Variable contracts should be compensated.
“Anyone with a variable contract Since 2017 is Eligible for the Claim,” Says Joyce Donat of the Consumers’ Association. “The six defendant Companies are the largest, but all suppliers use the same general terms and conditions, perhaps with a few minor additions.”
Millions of Households Can Register
This Means That Millions of Households Can Register for a Chance to Receive Compensation. On Average, about 40 percent of Dutch Households have had a variable contract Since 2017, which now amounts to almost six million contracts, accordance to the energy monitor of the Netherlands Authority for Consumers & Markets (ACM).
In 2023, There Were Even More Households with a Variable Contract, because fixed contracts Were Hardly Issued Duration the Energy Crisis. At that time, the ACM counted Almost ten Million Households with a Variable contract.
With such a contract, The Price is not fixed for long. Most Customers Previously Faced Price Changes Twice A Year, in January and July. But at the beginning of the war in Ukraine in 2022, Suppliers Begen To Change Their Prices More Frequently, and the Problem With The Terms and Conditions of Energy Companies Came To Light. The General Terms And Conditions State That A Supplier Can Change The Variable Rates At Any Time.
Too Vague Wing
“That wording is too vague and general,” Says Contract Law Specialist Casper Wernink. He sees no disadvantage to participating in the mass claim.
In Case of Loss, The Foundation Pays The Costs, and in Case of Winning, The Foundation Asks A Maxim or 17.5 percent of the Compensation That Customers Receive. “Just Join. I think the mass claim can Succed, Looking at Previous Cases.”
Vattenfall Case Not About Yet
However, there is a Chance that the Ruling on Vattenfall, on which the claim is Based, Will Still Be Overturned. Vattenfall is Taking the Case to the Supreme Court, which will review the Ruling.
In that case, the mass claim must be rebuilt, donat admits. “But we are confident that the fatsfall case will be in our favor.” She expects the ruling from the supreme court no later than Early 2026.
Lawyer Wernink also think that the mass claim can continuous after a new review of the fatsfall case. However, This New Review, If Vattenfall is Proven Right, Could Have a Negative Impact on the Claim. “The Case Becomes Weaker, and Customers May Receive Less Compensation.”
The Three Claim Parties State On Their Site that Participants Can Receive Thousands of Euros in Compensation for Unjustified Price Increases. But that Depends Entirely on the Outcome of a Legal Process. That is why the consumer association is pushing for a settlement with the suppliers. “Our through is always open,” Says Donat. “No one is Happy about the time and costs Involved in Such A Lawsuit.”
People with a variable contract who register for the mass claim should not get their hopes up just yet; A Lawsuit Can Take Years.
Variable Contracts Can Still Be Beneficial
An ACM Spokesperson does not advise on participating in the mass claim, but he does not want variable contracts banned. They can still be more advantageous than fixed contracts. “Customers should have special Ask Themselves: How much certainty do you want to have that energy prices will not rise? Fixing can also Turn -out Badly if prices sauddenly fall.”
Donat advises All Variable Contract Holders to Look at the Terms and Conditions, Regardless of Whether they Participate in the Claim. “We also call people with a variable contract ‘Sleepers’ because they switch contracts so infrequently.”