Stadtwerke Neuwied (Common rules for the internal market in natural gas - Consumer protection - Judgment) [2020] EUECJ C-765/18 (02 April 2020)

Stadtwerke Neuwied (Common rules for the internal market in natural gas - Consumer protection - Judgment) [2020] EUECJ C-765/18 (02 April 2020)

Personal notification of tariff changes by a supplier of last resort is not a condition for the validity of those changes under Article 3(3) of Directive 2003/55/EC and Annex A(b),(c), provided customers can terminate the contract at any time and have remedies for damages resulting from lack of notification.

Citation
[2020] EUECJ C-765/18
Parties
Gas Supplier / Applicant: Stadtwerke Neuwied GmbH; Customer / Respondent: RI
Jurisdiction
European Union
Judgment Date
02 April 2020
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Judgment of the Court of Justice of the European Union (seventh Chamber)
Outcome
Reference answered; personal notification not required for validity of tariff changes by supplier of last resort under specified conditions.
Legal Topics
Interpretation of Directive 2003/55/ec, Consumer Rights in Gas Supply Contracts, Transparency Obligations, Direct Effect of EU Directives, Supplier of Last Resort, Contract Termination Rights
European Union Law Energy Law Consumer Protection Interpretation of Directive 2003/55/ec Consumer Rights in Gas Supply Contracts Transparency Obligations Direct Effect of EU Directives Supplier of Last Resort +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Stadtwerke Neuwied GmbH

Gas Supplier / Applicant

RI

Customer / Respondent

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Judgment of the Court of Justice of the European Union (seventh Chamber)

Legal Issues

  1. 1 Whether Article 3(3) of Directive 2003/55/EC, read with Annex A(b) and (c), requires personal notification of tariff changes as a condition for their validity when implemented by a supplier of last resort passing on increased acquisition costs without profit.
  2. 2 Whether those provisions have direct effect against a private-law company controlled by the State.

Ratio Decidendi

Personal notification of tariff changes by a supplier of last resort is not a condition for the validity of those changes under Article 3(3) of Directive 2003/55/EC and Annex A(b),(c), provided customers can terminate the contract at any time and have remedies for damages resulting from lack of notification.

Court Disposition

Reference answered; personal notification not required for validity of tariff changes by supplier of last resort under specified conditions.

Orders

  • Article 3(3) of Directive 2003/55/EC, read with Annex A(b) and (c), does not require personal notification of tariff changes by a supplier of last resort passing on increased acquisition costs without profit, provided customers can terminate contracts at any time and have remedies for damages.