OLG Hamm invalidates ExtraEnergie GmbH price increases

The Higher Regional Court (OLG) Hamm has ruled that certain electricity and gas price increases implemented by ExtraEnergie GmbH in 2022 were invalid. Despite the company citing increased procurement costs due to the war in Ukraine, the court determined that the provider could not unilaterally raise prices when contractual price guarantees were in place. The court ruled that the provider assumes the risk of rising procurement costs within the scope of a fixed-price agreement.

The case, which was brought forward as a class action by the Federation of German Consumer Organisations (Verbraucherzentrale Bundesverband), declared the price hikes from September, November, and December 2022 to be ineffective.