About the Claim
Claim description
On September 30, 2025, Vattenfall, Eneco, Essent, Energiedirect, Budget Thuis, Greenchoice, Greenchoice Zakelijk, ENGIE, Oxxio, and Vandebron received a summons from Consumer Justice for unfair trade practices regarding the variable energy contracts of millions of Dutch people. The variable contracts of the energy companies are contrary to the rules that protect consumers from such practices.
The amendment clause in the variable contracts ensures that households and businesses face unilateral, unclear tariff changes, leading to significant uncertainty. Consumers and small entrepreneurs have regularly faced unexpected and substantial increases in their energy costs in recent years, according to the summons. The proceedings state that energy providers were aware that this amendment clause was in violation of applicable laws and regulations.
The summons cites the relevant period from April 1, 2017, to the present and includes all consumers and small businesses that lived in the Netherlands at that time and had entered into a variable energy contract with one of the mentioned defendant companies. The document also defines a proposed group of claimants, including small business consumers who have suffered damage due to the amendment clause in the variable tariff contracts of the energy suppliers.
Vattenfall unsuccessfully appealed against a ruling by the Amsterdam court that the amendment clause is unfair and that the company is guilty of unfair trade practices.
Claim timeline
October 1, 2025: Consumer Justice Foundation starts a collective procedure under the Mass Damage Act (WAMCA) against six energy suppliers: Budget Thuis, Eneco, Energiedirect, ENGIE, Essent, Greenchoice, Greenchoice Zakelijk, Oxxio, Vandebron, and Vattenfall.
End of April 2025: Vattenfall will appeal (higher appeal at the Supreme Court) against the ruling of the court.
April 2025: Media attention and public awareness increase. Organizations estimate that more than 4.5 million households will be affected; the overpaid amounts per household are estimated to be between €500 and €6,000. The total damage could amount to €15 to €25 billion.
March 25, 2025: The Amsterdam Court of Appeal rules that Vattenfall has abused the price change clause. The price change clause of the contract was found to be unfair under consumer protection law (European consumer law). Vattenfall particularly raised the rates beyond the contractual limits (interim changes), without providing consumers with clear information and/or the possibility to cancel.
2022: Energy prices (especially gas) rise sharply (partly due to international circumstances). Some energy suppliers implement interim price increases more often than usual, twice a year.
Documents
01/10/25 Consumer Justice Foundation Writ
25/03/25 Amsterdam Court of Appeals Ruling