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Joined Cases C-359/11 and C-400/11: Judgment of the Court (Fourth Chamber) of 23 October 2014 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Alexandra Schulz v Technische Werke Schussental GmbH und Co. KG and Josef Egbringhoff v Stadtwerke Ahaus GmbH (Reference for a preliminary ruling — Directives 2003/54/EC and 2003/55/EC — Consumer protection — Internal market in electricity and natural gas — National legislation determining the content of consumer contracts covered by a universal supply obligation — Unilateral adjustment of the price of the service by the seller or supplier — Information, with adequate notice before the adjustment comes into effect, as to the reasons and preconditions for that adjustment and its scope)
ECLI:EU:UNKNOWN:62011CA0359
62011CA0359
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8.12.2014
Official Journal of the European Union
C 439/2
(Joined Cases C-359/11 and C-400/11) (<span class="super">1</span>)
((Reference for a preliminary ruling - Directives 2003/54/EC and 2003/55/EC - Consumer protection - Internal market in electricity and natural gas - National legislation determining the content of consumer contracts covered by a universal supply obligation - Unilateral adjustment of the price of the service by the seller or supplier - Information, with adequate notice before the adjustment comes into effect, as to the reasons and preconditions for that adjustment and its scope))
(2014/C 439/02)
Language of the case: German
Referring court
Parties to the main proceedings
Applicants: Alexandra Schulz and Josef Egbringhoff
Defendants: Technische Werke Schussental GmbH und Co. KG and Stadtwerke Ahaus GmbH
Operative part of the judgment
On the one hand, Article 3(5) of Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC, read in conjunction with Annex A thereto, and, on the other, 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 Annex A thereto, are to be interpreted as precluding national legislation, such as that at issue in the main proceedings, 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.
Language of the case: German
* * *
(<span class="super">1</span>) OJ C 311, 22.10.2011.