Mass claim against energy sector after Vattenfall are found guilty of illegal price hike

Stichting Eerlijke Handelspraktijken, an association that works on mass claims, is also preparing a case against the energy sector after a verdict by the court of appeal in Amsterdam. The court ruled on Tuesday that energy-supplying company Vattenfall broke regulations by make interim changes to the rates of variable energy contracts.

“This verdict can have significant effects: millions of people may be entitled to compensation,” the association said. The organization thinks that this may not be limited to Vattenfall’s customers, but also customers of other energy companies.

Under the terms of variable energy contracts, rates may normally only be adjusted twice a year. “Many energy suppliers implemented price increases more often in 2022 due to the rise in energy prices,” said the association.

This comes a day after Roelof de Nekker, a lawyer from Friesland, announced a mass claim regarding unfair variable energy contracts. De Nekker thinks that consumers with this type of contract have been paying too much money for years.

“Consumers have been misled. The damage is enormous,” De Nekker said. He thinks that the damage is between 500 euros and 6,000 euros per person. The total damage to consumers is "probably between 15 and 25 billion euros.”

Vattenfall have said to “fundamentally disagree” with appeal court’s verdict. “We will study the verdict closely and prepare for our next steps,” a spokesperson said.

"We do not agree with the ruling because, with a variable rate, the rate can change during the term of the agreement. This can happen several times a year, and the rate can both increase and decrease. The general sector conditions clearly state in which cases the rates can change, for example, in the event of price developments on the markets for electricity and gas," the spokesperson continued.

The ruling from the court of appeal concerned a case brought by a consumer against Vattenfall.