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Check your current contract: terms of primary care in part inadmissible

A power supplier had in its terms and conditions (AGB) regulated under the so-called universal service, which his lump sums Customers must pay in case of default:

• 11, - € per reminder letter and
  
• a case handling fee for warning, access lawsuits, bankruptcies, etc., were worth up to € 297.50

this case, the Customer expressly noted that they can also prove that the damage incurred at all or is much lower.

is against § 309 No 5 (Civil Code) and is therefore invalid, as now, the district court with Dieburg Judgement of 11.02.2011, application No: found 20 C 28/11 (26).

The power company had used in his terms the following:

5) default in payment, interruption, restore the supply and Zweit-/Zwischenrechnung and special reading


The costs because of a delay in payment, interruption and recovery the supply of gas or electricity shall be calculated by the customer according to the following flat rates:


Each letter of formal notice (except for the first warning, unless default has already occurred without warning) € (net) 11.00 [.. .]


case management with reminders, access lawsuits, bankruptcies, etc. (depending on altitude exposure amount) € (net) to 297.50

It was based on a provision in § 17 paragraph 2 StromGVV ( basic electricity regulation supported). The box will be:

"In default of payment of the basic utilities, when he again to pay calls or the amount can be collected by a representative, the cost incurred for structurally similar cases charge a flat rate, flat-rate calculation must be easy to understand. The package must not exceed that under the normal course of events expected costs. At the request of the customer, the calculation is demonstrated. "

That sounds first of all in such a way that the language was GMM. That the court did, however, different because it is difficult to accept,

" that allow the legislature to primary care wanted, as part of the of these - to be drawn up - purely private law to formulate such additional terms that are contrary to the content § § 307 et seq . adoption of such a wish of the legislature would be to assume that he take violations of the basic utility of provisions of the Civil Code not only tolerated, but promotes it. "

There was then no matter that the proceedings against customers of electricity in the process does not rule had, for the breach of the terms, provisions will be considered by the court "ex officio", without that the defendant would have to have to point.

If you receive an invitation from their public service, you look in the General Terms and Conditions Their energy suppliers - perhaps they're ineffective.