AUSTRIA Trends and Developments Contributed by: Bernd Rajal, Maximilian Klein and Moritz Üblagger, Schönherr Rechtsanwälte GmbH
larly considering recent Supreme Court rulings and legislative changes. These developments directly affect how companies can adjust cus - tomer fees, demanding greater transparency and proportionality, which presents challenges in managing contract amendments and customer communications. Price adjustment clauses, commonly included in a company’s general terms and conditions, link fee changes to a price index that reflects devel - opments on the European Energy Exchange. The Supreme Court has de facto rejected the use of fictitious consent clauses for adjusting end customer prices in electricity supply con - tracts. In response, the legislator introduced a price adjustment provision in the Electricity Act (ElWOG), aiming to provide clearer guidelines and protect consumers.
According to the new legal framework, fee changes for consumer contracts must be pro - portionate, and fees must be reduced if the rea - son for the increase no longer applies. Addition - ally, consumers and small businesses must be notified transparently before any fee changes, and they can terminate the contract free of charge upon notification. Recent Supreme Court decisions clarified that the price adjustment pro - vision applies only to unilateral amendments in contracts that remain in force, and termination notices require active steps from the customer to be valid.
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