Supreme Court advised to order retrial in Vattenfall unfair energy pricing case

The Advocate General has said that the Supreme Court should order a new hearing in the case against Vattenfall over a price adjustment clause in its general terms and conditions. The Supreme Court is set to rule on the matter on December 4, 2026, and it frequently follows the Advocate General’s recommendations.

Vattenfall is challenging a ruling before the Supreme Court that found unilateral price adjustments in variable energy contracts for gas and electricity to be unfair. The Amsterdam Court of Appeal ruled last year that the energy supplier was not allowed to change prices mid-contract in this way.

The Advocate General argues that an average consumer understands that variable tariffs come with the risk of price increases. In his view, the Court of Appeal failed to give enough weight to this factor and did not sufficiently justify its decision, which is why the case should be reconsidered.

Vattenfall says it awaits the court’s decision with confidence, noting that the Advocate General has endorsed the company’s arguments.

In earlier rulings, both a district court and the Court of Appeal found that Vattenfall could not freely raise prices in variable contracts in 2022. The company argues that it was compelled to increase tariffs after the war in Ukraine triggered a sharp surge in wholesale gas and electricity prices, from which energy suppliers buy their supply. According to Vattenfall, these market conditions left it no choice but to adjust prices.

The Advocate General says the Supreme Court’s decision could have major consequences for many consumers in the Netherlands. If the court follows the lower courts, suppliers would not be permitted to raise tariffs, effectively turning variable contracts into fixed-price agreements, albeit based on historically low rates.