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No more excessive fees: Court strengthens consumer rights

The transition away from gas is in full swing: more and more households are switching to heat pumps or district heating, for example. The old gas connection then becomes redundant and needs to be decommissioned. But anyone who thinks this is a simple step has not taken the network operator into account. Many companies are suddenly issuing hefty bills for this – in some cases up to 1,000 euros.

The Oldenburg Higher Regional Court has now put a clear stop to this. In a recent ruling, the judges decided that these so-called "shutdown fees" are inadmissible. And this affects not only individual cases, but potentially thousands of households nationwide.

What does the court say—and why is the ruling so important?

Network operators base their claims on a specific provision in the Low Pressure Connection Ordinance (Section 9 (1) No. 2 NDAV). This states that if customers make changes to their systems, network operators may charge them for the necessary costs—for example, for conversions or extensions.

But this is precisely where the court comes in: decommissioning is not a change, but simply the termination of use. And no extra fees may be charged for this. The judges therefore made it clear that just because you are saying goodbye to gas, you don't have to dig deep into your pockets again.

Important: The ruling is not yet final. The network operator concerned has appealed to the Federal Court of Justice. However, this does not mean that those affected must stand idly by.

How to defend yourself—and get your money back

If you receive a letter from your network operator asking you to pay, you should not simply pay—at least not without objecting. And yes, you can also reclaim amounts that you have already paid—depending on how old the payment is, however, there may be a risk of it becoming time-barred. At Recht 24/7 , we Recht 24/7 provide you with legal advice and help you get your money back.

Our classification

What has been happening for years is more than questionable. First, the network operators collect connection fees for years—and then they want more money to get rid of the gas? It sounds like a subscription model with an exit fee. The ruling is long overdue and shows how important it is for courts to question such business models. The fact that a customer had to go all the way to the Higher Regional Court to clarify this point is telling. Anyone who is serious about the energy transition should not be slowed down by bureaucracy and financially penalized.