The last major amendment to the EnWG and the Electricity and Gas Ordinance (Strom- und GasGVV) was only a little over a year ago, after which many processes at the energy suppliers already had to be adapted and re-implemented.

While the gas and electricity price brake is on everyone's lips, in its shadow the legislator is at the same time making even higher demands on the conditions for blocking supply due to late payment.

The information obligations of energy suppliers are being tightened again. It has been clarified, for example, that averting agreements concluded online or by letter also require a fully comprehensive revocation instruction. Under no circumstances may an acknowledgement of the claim be linked to an avoidance agreement.

In addition, statutory minimum periods of 12 months will be introduced for instalment payments starting at an arrears of 300 euros. In addition, unilateral deferral rights of up to 3 months are granted to end consumers.

Energy suppliers at the medium-voltage level are obliged - even if only for a short time - to provide an "emergency supply" at their own risk, without enjoying the benefits of a basic or replacement supplier.

And last but not least, the new § 118b EnWG is a state intervention in the contractual structure of all energy suppliers, which replaces all existing or non-existing regulations in the general terms and conditions used to block supply without alternative.

For basic suppliers, but also for all other suppliers who use the instrument of supply blocking, challenges arise again in the correct mapping of the processes.

KSP can support energy suppliers not only in the legally compliant implementation of the amendment, but also in the mapping of legal quantity processes to avoid increasing outstanding debts.

For further information, please contact:

Jens A. Blaffert
Lawyer
jens.blaffert@ksp.de
+49 40 450 65 567

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