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Case C-765/18: Judgment of the Court (Seventh Chamber) of 2 April 2020 (request for a preliminary ruling from the Landgericht Koblenz — Germany) — Stadtwerke Neuwied GmbH v RI (Reference for a preliminary ruling — Directive 2003/55/EC — Common rules for the internal market in natural gas — Consumer protection — Article 3(3) and point (b) of Annex A — Transparency of contractual terms and conditions — Obligation to give consumers adequate notice directly of an increase in charges)
ECLI:EU:UNKNOWN:62018CA0765
62018CA0765
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Official Journal of the European Union
C 222/13
(Case C-765/18) (<a id="ntc1-C_2020222EN.01001301-E0001" href="#ntr1-C_2020222EN.01001301-E0001">(<span class="oj-super oj-note-tag">1</span>)</a>)
(Reference for a preliminary ruling - Directive 2003/55/EC - Common rules for the internal market in natural gas - Consumer protection - Article 3(3) and point (b) of Annex A - Transparency of contractual terms and conditions - Obligation to give consumers adequate notice directly of an increase in charges)
(2020/C 222/14)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Stadtwerke Neuwied GmbH
Defendant: RI
Operative part of the judgment
Article 3(3) of Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC, read in conjunction with points (b) and (c) of Annex A thereto, must be interpreted as meaning that, where tariff changes which have not been personally notified to customers are implemented by a gas supplier of last resort with the sole aim of passing on the increase in the cost of acquisition of natural gas without any profit being sought, it is not a condition for the validity of the tariff changes in question that that supplier fulfil the obligations of transparency and information referred to in those provisions, provided that the customers are able to terminate the contract at any time and have the appropriate remedies available to obtain compensation for damage that may have been incurred as a result of the failure to notify the changes personally.
(<span class="oj-super">1</span>) <a href="./../../../../legal-content/EN/AUTO/?uri=OJ:C:2019:112:TOC">OJ C 112, 25.3.2019</a>.