Under state law, basic services may not be restricted to consumers without a contract
Vienna (OTS) – The Consumer Protection Association (VSV) was able to do so with its around 100 civil lawsuits two important decisions of the Constitutional Court on the granting of basic services to consumers:
Die Basic supply regulations (Right for consumers and small businesses towards energy suppliers) are – contrary to the opinion of the energy companies – not unconstitutional.
The The right to basic electricity supply may not be restricted by a passage in the Lower Austrian Electricity Act (NÖ ElWG 2005).
Therefore, Section 45 Paragraph 6 Sentence 2 of the Lower Austrian Electricity Act 2005, as unconstitutional lifted.
The sentence reads: “An important reason (for canceling the basic supply) exists in particular if an electricity trader or other supplier is prepared to conclude a supply contract outside of the basic supply.”
“When the prices for electricity and gas skyrocketed in autumn 2022, the VSV advised all consumers and small businesses to apply for basic supplies from their suppliers. The tariff for the basic service must not be higher than the tariff for the majority of the suppliers’ existing customers.” reminds Daniela Holzinger, chairwoman of the VSV.
“In a situation of sharply rising prices – initially for new customers, but also for existing customers – the basic supply acts as a price brake. This resulted in significantly cheaper tariffs for a longer period of time for the approximately 12,000 customers who followed the VSV’s recommendation,” explains Holzinger. “We are delighted that the VSV – as the only consumer advocate in Austria – was able to give customers valuable advice.”
The findings on the Lower Austrian state law also have similar restrictions on the state laws in Vienna, Burgenland, Carinthia and Salzburg.
The suppliers in these federal states had rejected the basic supply with the argument that they would instead offer customers new customer tariffs, which ensured the supply and therefore there was no right to basic supply.
The SAAM is supporting around 100 legal proceedings against various electricity suppliers who have based themselves on these – unconstitutional – state laws.
“In these proceedings, the civil courts must now award the right to basic services,” hopes Holzinger.
In these proceedings – as well as before the Constitutional Court – our lawyers Mag. Ulrich Salburg and Dr. Gregor Maderbacher the interests of consumers.
Questions & Contact:
Daniela Holzinger-Vogtenhuber, chairwoman of VSV
d.holzinger@verbraucherschutzverein.at, 0650/ 2110878