Electricity/gas and water prices - Government agency control

Government agency control of energy prices and private law disputes between customers and supply companies

Irrespective of the control of energy prices or grid utilisation fees by the authorities, customers with long-term energy supply relationships that provide for unilateral price determination by the supplier have the option of applying to the civil courts for a review of the fairness of the prices charged to them by the respective energy supplier (Section 315 of the German Civil Code). In addition, Section 33 of the Act against Restraints of Competition provides for a civil enforceable claim to cease and desist from price demands that are prohibited under this Act. Proof of anti-competitive behaviour must be provided by the party asserting the claim against the supplier. Whether the requirements for successful action under these provisions are met must be carefully examined on a case-by-case basis, not least in view of the cost implications of legal proceedings. It is therefore strongly recommended that you seek the advice and assistance of a lawyer before taking such steps. As the state cartel and price supervisory authority, the Ministry is legally prevented from giving recommendations and advice in such matters.

The handling of the supply relationship in individual cases, in particular the specific metering and billing of energy consumption to a customer, is also not subject to the control of the Hessian Ministry of Economics, Transport and Regional Development. Differences of opinion between the customer and the supplier on such issues may have to be decided by the competent civil courts. For legal reasons, the Ministry is also prevented from providing legal advice in individual cases. It is recommended to seek the help of a lawyer or a consumer advice centre.