Collective Action Filed Against Dutch Energy Suppliers
Claim description
On September 30, 2025, Vattenfall, Eneco, Essent, Energiedirect, Budget Thuis, Greenchoice, Greenchoice Zakelijk, ENGIE, Oxxio, and Vandebron received a writ summons from the Consumer Justice Foundation. The energy suppliers included unfair and unlawful amendment clauses in their variable energy contracts with millions of Dutch people. The amendment clause in the variable contracts of the energy companies is contrary to the rules that protect consumers from such practices.
Due to the amendment clause in the variable contracts, Dutch households and businesses were (and are being) faced with unilateral, unclear tariff changes, leading to significant uncertainty. Consumers and small businesses have regularly faced unexpected and substantial increases in their energy costs in recent years, according to the writ summons. The Consumer Justice Foundation states that energy providers were aware that this amendment clause was in violation of applicable laws and regulations.
The claim concerns the relevant period from April 1 2017 to the present, and includes all consumers and small businesses that resided the Netherlands at that time and had entered into a variable energy contract with one of the mentioned defendant companies. The writ of summons also defines a proposed group of victims, including consumers and small businesses who suffered damage due to the amendment clause in the variable energy suppliers contracts with the energy suppliers.
Vattenfall unsuccessfully appealed against a ruling by the Amsterdam district court in which it was concluded that the amendment clause is unfair and that Vattenfall is guilty of unfair trading practices.
Timeline
6 February 2026
In the variable rate energy contract case, the Consumer Justice Foundation continues to bookbuild, seeking to represent both Dutch households and small businesses. Our multifaceted push has earned the Consumer Justice Foundation mentions in Dutch media, including De Telegraaf, ANP, Dutch News and other outlets. The Consumer Justice Foundation has retained the prestigious law firm bureau Brandeis to assist with the Foundation's mission.
30 September 2025 | Start of the collective action
Stichting Consumer Justice launched a collective action against ten energy suppliers: Budget Thuis, Eneco, Energiedirect, ENGIE, Essent, Greenchoice, Greenchoice Business, Oxxio, Vandebron, and Vattenfall. Through this procedure, the foundation aims to secure compensation for customers for unlawful price changes.
12 September 2025 | Letter to energy suppliers
The Consumer Justice Foundation has sent a letter inviting various energy suppliers to discuss settlement options.
25 April 2025 | Vattenfall appeals to the Supreme Court
Vattenfall disagrees with the ruling of the Amsterdam Court of Appeal dated 25 March 2025 and has therefore lodged an appeal in cassation with the Supreme Court.
The Supreme Court is the highest court for cassation proceedings in the Netherlands. This means that it does not reassess all facts and circumstances. The Supreme Court only examines whether the Court of Appeal applied the law correctly and whether the procedure followed the applicable rules.
25 March 2025 | Ruling of the Amsterdam Court of Appeal
On Tuesday, 25 March 2025, the Amsterdam Court of Appeal ruled that the price-adjustment clause in Vattenfall’s variable energy contract is unfair.
View the judgment here.
24 February 2023 | Ruling of the Amsterdam District Court
The Amsterdam District Court ruled that the price-adjustment clause in Vattenfall’s general terms and conditions is unfair. As a result, all price changes based on that clause are unlawful.
View the judgment here.
If you have any questions, email info@consumerjustice.eu.