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Case C-749/23, innogy Energie: Judgment of the Court (Ninth Chamber) of 5 June 2025 (request for a preliminary ruling from the Okresní soud v Teplicích – Czech Republic) – innogy Energie s.r.o. v QS (Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Articles 3, 5, 7 and the Annex, point 1(e) – Fixed-term electricity supply contracts – Term imposing a contractual penalty where payment is not made – Whether the amount of the penalty is proportionate – Whether the terms are in plain, intelligible language – Directive (EU) 2019/944 – Inapplicability)
ECLI:EU:UNKNOWN:62023CA0749
62023CA0749
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Official Journal of the European Union
C series
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C/2025/4017
28.7.2025
(Case C-749/23,
(1)
innogy Energie)
(Reference for a preliminary ruling - Consumer protection - Directive 93/13/EEC - Unfair terms in consumer contracts - Articles 3, 5, 7 and the Annex, point 1(e) - Fixed-term electricity supply contracts - Term imposing a contractual penalty where payment is not made - Whether the amount of the penalty is proportionate - Whether the terms are in plain, intelligible language - Directive (EU) 2019/944 - Inapplicability)
(C/2025/4017)
Language of the case: Czech
Referring court
Parties to the main proceedings
Applicant: innogy Energie s.r.o.
Defendant: QS
Operative part of the judgment
Article 3(1) and Article 5 of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, read in conjunction with the Annex thereto, point 1(e), and Article 7 of that directive,
must be interpreted as meaning that a term of a contract for the supply of electricity for a fixed term and at a fixed price allowing a supplier which has terminated that contract before its maturity on the ground of a failure to pay by the consumer to impose automatically on that consumer a flat-rate penalty, irrespective of the direct economic loss actually incurred by that supplier, may be regarded as unfair. That term meets the transparency requirements set out in Article 5 of Directive 93/13 if the structure and location of that term in the contract and the circumstances attending the conclusion, by electronic means, of that contract, including the information which the seller or supplier has provided to the consumer, are such as to allow an average consumer who is reasonably well informed and reasonably observant and circumspect to become acquainted with the substance and functioning of the term imposing on him or her payment of a flat-rate penalty and to evaluate the economic consequences which flow for him or her from that term.
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(1) OJ C, C/2024/2012.
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ELI: http://data.europa.eu/eli/C/2025/4017/oj
ISSN 1977-091X (electronic edition)
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