The Feldkirch Regional Court ruled that Maxenergy must pay terminated customers compensation for damages, thereby confirming a July decision by the Dornbirn District Court (BG). In the Maxenergy case, however, several decisions are still pending across Austria. “It is now clear that MAXenergy must compensate the 11,000 customers whose contracts were terminated early in autumn 2021. However, only those damages will be compensated for who also make claims,” Peter Kolba, chairman of the SAAM, is quoted in the broadcast .
Maxenergy, on the other hand, maintains that the terminations were legal. According to the company, a promised 18-month price guarantee was not breached because the contract was no longer valid after the termination. In addition, all deadlines were met when the contract was terminated, according to a broadcast. Because of the increased energy prices, Maxenergy had to terminate the customer for reasons of economic diligence.
Court in Perg dismissed the lawsuit
Maxenergy refers here to a first-instance judgment from the district court of Perg, which had dismissed the lawsuit brought by an individual in September in the same matter. A judgment in the second instance is still pending. The appeal against a judgment by the BG Haag in October is also still open. This had decided in favor of a customer supported by the Association for Consumer Information (VKI). VKI lawyer Maximilian Kemetmüller was confident after the Vorarlberg judgment that a decision would also be made against Maxenergy, as he explained when asked by APA.
Two other first-instance judgments are still pending at the Korneuburg and Tulln district courts, as a Maxenergy spokesman told APA. In Korneuburg, the hearing will still take place in January, the process in Tulln is currently on hold. The verdict in Feldkirch dealt with the concerns of 25 plaintiffs. The VKI was also involved as a side party, explains Kemetmüller. It is now up to the BG Dornbirn to determine the exact amount of the compensation, according to the lawyer.
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