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Case C-326/14: Judgment of the Court (Fourth Chamber) of 26 November 2015 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Verein für Konsumenteninformation v A1 Telekom Austria AG (Reference for a preliminary ruling — Directive 2002/22/EC — Electronic communications networks and services — Users’ rights — Right of subscribers to terminate their contract without penalty — Changes to charges under terms of the contract — Increase in charges in line with increase in the consumer price index)
ECLI:EU:UNKNOWN:62014CA0326
62014CA0326
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Official Journal of the European Union
C 38/6
(Case C-326/14)
((Reference for a preliminary ruling - Directive 2002/22/EC - Electronic communications networks and services - Users’ rights - Right of subscribers to terminate their contract without penalty - Changes to charges under terms of the contract - Increase in charges in line with increase in the consumer price index))
(2016/C 038/08)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Verein für Konsumenteninformation
Defendant: A1 Telekom Austria AG
Operative part of the judgment
Article 20(2) of Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive), as amended by Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009, must be interpreted as meaning that a change in charges for the provision of electronic communications networks or services, resulting from the operation of a price adjustment clause contained in the standard terms and conditions applied by an undertaking providing such services, the term providing that such a change applies in accordance with changes in an objective consumer price index compiled by a public institution, does not constitute a ‘modification to the contractual conditions’ within the meaning of that provision, which grants the subscriber the right to withdraw from the contract without penalty.
(1)
OJ C 339, 29.9.2014.