Opinion of the Advocate General — ECLI:EU:C:2014:319
Date: 2014-05-08
Language of the case: German
Subject matter: Right of establishment;Approximation of laws;Freedom to provide services
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary — Judgment of the Court (Fourth Chamber), 23 October 2014 1. Approximation of laws — Measures of approximation — Common rules for the internal market in electricity and natural gas — Directives 2003/54 and 2003/55 — Objective of consumer protection — Requirement of transparency of the contract terms — National legislation determining the content of consumer contracts for the supply of electricity and gas covered by a universal supply obligation — Possibility of the unilateral adjustment of the price of that supply by the seller or supplier — Obligation to inform consumers, with adequate notice before the adjustment comes into effect, as to the reasons and preconditions for that adjustment and its scope (European Parliament and Council Directives 2003/54, Art. 3(5) and Annex A and 2003/55, Art. 3(3) and Annex A) 2. Questions referred for a preliminary ruling — Interpretation — Temporal effects of judgments by way of interpretation — Retroactive effect — Limits — Financial consequences of the judgment — Consequences not justifying limiting the temporal effects of the ruling (Art. 267 TFEU) 1. Article 3(5) of Directive 2003/54 concerning common rules for the internal market in electricity, read in conjunction with Annex A thereto, and Article 3(3) of Directive 2003/55 concerning common rules for the internal market in natural gas, read in conjunction with Annex A thereto, are to be interpreted as precluding national legislation which determines the content of consumer contracts for the supply of electricity and gas covered by a universal supply obligation and allows the price of that supply to be adjusted, but which does not ensure that customers are to be given adequate notice, before that adjustment comes into effect, of the reasons and preconditions for the adjustment, and its scope. Those provisions require Member States to ensure a high level of consumer protection in relation to the transparency of the contract terms and conditions. In addition to their right to terminate the supply contract, as provided for in point (b) of Annex A to each of Directives 2003/54 and 2003/55, customers must also be entitled to challenge adjustments to the price of supply. In order to be able to benefit fully and effectively from those rights and to take an informed decision as to whether to terminate the contract or to challenge the adjustment of the supply price, customers must be given adequate notice, before that adjustment takes effect, of the reasons and preconditions for the adjustment, and its scope. (see paras 45-47, 53, operative part) 2. See the text of the decision. (see paras 57-64)