Klage gegen Erhöhungen: OLG Hamm sieht Verstöße bei Fernwärme-Preisklauseln von Eon

In a dispute over price increase clauses for district heating, the Federal Association of Consumer Centers is likely to achieve a partial victory. During a mooting session before the Oberlandesgericht (OLG) in Hamm, the presiding judge made it clear that Eon, as the provider, may have used ineffective clauses for price increases.

However, these clauses varied depending on the region. The Federal Association had initially filed a so-called collective complaint against Eon in several federal states to challenge the clauses nationwide. While the presiding judge and her colleagues recognized the invalidity of such clauses, they did not see a basis for a blanket ruling as the court's final decision would depend on each customer's claim for restitution of the overpaid costs on a retroactive basis.

The OLG concluded that Eon had likely used different formulas for billing district heating purchases compared to sales to end-users. Sometimes the formulas involved addition, sometimes multiplication, leading to higher prices for Eon customers. The OVG strongly criticized this, accusing Eon of violating the principle of cost orientation.

The challenge lies in determining the relationship between production costs and market conditions in the energy market. The gas price plays a crucial role in calculating the so-called production cost. Eon, for example, produced district heating with wood pellets in Hamburg. According to an Eon lawyer, the market situation changed dramatically after the Russian invasion of Ukraine and the subsequent rise in gas prices.

Years ago, wood was still significantly more expensive. Both parties showed no willingness to reach a legal compromise, and the court in Hamm is scheduled to deliver its judgment on October 12th.