Energie Klagenfurt prices clients “floor and air prices” – Muricas News

The buyer affiliation VSV has filed a category motion lawsuit in opposition to the Klagenfurt vitality provider on behalf of electrical energy clients.

The VW diesel scandal has prompted the European Fee to introduce a brand new consultant motion coverage that may allow customers to extra simply assert their rights in mass tort circumstances. The Austrian authorities ought to have included this new directive into nationwide legislation or laws by final Sunday.

“Solely three EU member states haven't but applied this directive, together with Austria. That is an indictment when it comes to customers,” says Daniela Holzinger-Vogtenhuberchairman of Shopper Safety Affiliation VSV. With a category motion lawsuit, whatever the quantity of injury, you possibly can highest court docket litigate “This manner you possibly can obtain equal choices for all Austrians,” says Holzinger-Vogtenhuber. In accordance with the Shopper Safety Act, solely the social companions (AK, WKÖ, LWK, ÖGB, VKI, Seniorenrat) have been approved to carry such collective actions.

Legitimation

The SAAM hopes to be included within the group of plaintiffs beneath the brand new EU directive. “We additionally wish to be legitimized to take action,” he says VSV Chief Authorized Officer Peter Kolba. “The EU directive has the benefit which you can not solely sue for an injunction, but in addition for remedial motion.” Which means: With a brand new class motion lawsuit, for instance, a financial institution might be sentenced to having to pay again extreme charges to clients. Nevertheless, for the reason that federal authorities is late in implementing the EU directive, the SAAM has launched a authorized assault. The affiliation desires to know whether or not it may carry a category motion lawsuit, though the EU directive has not but been applied in Austria.

For this check run, the VSV lawyer Ulrich Salburg introduced a collective motion in opposition to Energie Klagenfurt on the competent regional court docket. Along with the standard prices for vitality costs, fundamental prices and grid prices, it additionally prices electrical energy clients a payment for utilizing the bottom and the air.

The place’s the efficiency?

“It prices clients an air and floor tax of six p.c of the evaluation foundation for the usage of group land and the airspace above it, wherein the facility cables run,” says lawyer Salburg.

“This municipal payment for utilizing the bottom for underground cables beneath the municipal roads is prone to be fairly distinctive in Austria and is a particular characteristic of Klagenfurt,” says the lawsuit. It's a payment with out precise consideration. The premise for the payment is a Carinthian legislation.

“We're sure that this payment is illegal and unconstitutional,” says Salburg. As a result of in response to the lawyer, this “soil and air utilization tax violates the Electrical energy Trade and Group Act (ElWOG), it is a federal legislation that regulates the charges that community operators are allowed to cost.