{"id":19895,"date":"2025-05-19T14:11:14","date_gmt":"2025-05-19T12:11:14","guid":{"rendered":"https:\/\/www.haslinger-nagele.com\/news\/ogh-kein-sonderprivatrecht-im-energieversorgungssektor\/"},"modified":"2025-08-05T14:56:43","modified_gmt":"2025-08-05T12:56:43","slug":"ogh-kein-sonderprivatrecht-im-energieversorgungssektor","status":"publish","type":"post","link":"https:\/\/www.haslinger-nagele.com\/en\/ogh-kein-sonderprivatrecht-im-energieversorgungssektor\/","title":{"rendered":"OGH: No special private law in the energy supply sector"},"content":{"rendered":"\n

The Supreme Court of Justice (OGH) has answered a fundamental question of the liberalized electricity market in a much-noticed decision of March 28th, 2025 (8 Ob 115\/24f): Are energy suppliers <\/strong>allowed to adjust prices unilaterally<\/strong>? And if so, on what basis?<\/p>\n\n\n\n

The case centered on a tariff adjustment by a major electricity supplier<\/strong>. The adjustment was justified by the recently introduced section 80 para. 2a ElWOG, which the electricity supplier interpreted as a statutory right to change prices<\/strong>.<\/p>\n\n\n\n

\n

“In summary, it must be noted that a ‘special private law in the energy supply sector’ in the sense of a statutory right to change prices still does not exist. Rather, section 80 para. 2a of the ElWOG 2010 requires a contractual reservation of the right to change.” Supreme Court of Justice 8 Ob 115\/24f<\/p>\n<\/blockquote>\n\n\n\n

This interpretation has now been rejected by the Supreme Court. The court makes it unequivocally clear: Section 80 para. 2a ElWOG does not establish<\/strong> a statutory right to change prices<\/strong>, but merely formal and substantive requirements for price adjustment clauses. A contractual basis is still required \u2013 namely, a transparent, legally sound price adjustment clause in the general terms and conditions<\/strong> (GTC). And this is precisely what was missing in this case.<\/p>\n\n\n\n

The ruling at a glance<\/strong><\/h3>\n\n\n\n