Model declaratory action against Primastrom & Voxenergie planned – how to take part

Hans Christian Dirscherl

The Federal Consumer Association (vzbv) is planning a model declaratory action against the electricity and gas suppliers Primastrom and Voxenergie because of their price increases. The consumer advocates justify their project as follows: “The energy providers had repeatedly increased the prices, although something else was stipulated in the contract. The vzbv considers this to be inadmissible. Consumers should only pay the prices that are contractually agreed and insist on compliance with the contracts .”

Consumer advocates have been making accusations against Primastrom and Voxenergie for some time. For months, Primastrom and Voxenergie customers have been complaining to the consumer advice center about the two electricity suppliers. pcwelt.de also reported that consumer advocates would warn against these two electricity suppliers. At that time we asked Primastrom and Voxenergie for an opinion. After about a week, instead of a statement from a press office, we received a letter from a lawyer: Voxenergie & primastrom – response to allegations by consumer protection groups. This approach of Primastrom and Voxenergie is completely unusual and does not correspond to the common practice of companies.

How to take part in the model declaratory action

“A lawsuit is intended to establish that consumers only have to pay the contractually agreed prices,” says Patrick Langer, a consultant on the Model Declaratory Lawsuits team. “In preparation for the lawsuit, vzbv is now looking for those affected to submit their case to musterfeststellungsklagen.de/primastrom-und-voxenergie.”

The consumer advocates emphasize: Model lawsuits are free of charge for consumers.

In this FAQ, consumer advocates provide information about Primastrom and Voxenergie.

Federal Network Agency initiates supervisory proceedings against Primastrom and Voxenergie

As early as May 24, 2022, the Federal Network Agency announced that it had initiated supervisory proceedings against the two companies: “We are checking whether the companies have made price increases without complying with the statutory notice periods. Even in phases of a tense market situation, consumers have to can rely on being informed about contract changes in good time,” says Klaus Müller, President of the Federal Network Agency. According to the Federal Network Agency, Primastrom and Voxenergie are suspected of inadmissible price increases. The Federal Network Agency explains: ”

There is a suspicion that voxenergie GmbH and primastrom GmbH did not inform customers about a price increase in good time before the intended change took place. The basis is complaints from consumers at the Federal Network Agency and the consumer centers.

The companies sent notification letters on December 28, 2021 to increase the agreed prices. The higher prices should apply from January 1, 2022.

It is required by law that household customers are informed of price changes no later than one month and all other end consumers no later than two weeks before the intended change occurs. In the event of a price increase, customers have a special right of termination, which must be exercised by the time the change takes effect.

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