ExtraEnergie price hikes ruled invalid by German court

The Higher Regional Court (Oberlandesgericht) of Hamm has ruled in favor of a class action lawsuit brought by the Federation of German Consumer Organisations (vzbv) against energy provider ExtraEnergie GmbH. The court determined that price increases implemented by the company in late 2022 were invalid for customers who had agreed to price guarantees.

ExtraEnergie had argued that the extreme rise in energy procurement costs due to the war in Ukraine made it economically unreasonable to maintain the original fixed prices. However, the court rejected this defense, stating that by offering a price guarantee, the company had explicitly accepted the risk of higher costs. The ruling applies to electricity and gas services provided under brands such as ExtraGas, PrioEnergie, and HitEnergie.

More than 4,200 customers joined the collective action and may now be entitled to refunds of the overpaid amounts. While the ruling is a significant victory for consumer protection, it is not yet final, as ExtraEnergie may appeal to the Federal Court of Justice (Bundesgerichtshof).