In this newsletter we set out the current state of affairs in the collective action against Budget Thuis, Eneco, Energiedirect, ENGIE, Essent, Greenchoice (Zakelijk), Oxxio, Vandebron and Vattenfall (the “Energy Suppliers”) and outline the recent developments.
Recent developments
Since the last update in July 2026, there have been a number of developments in this class action.
Firstly, it is now clear when the Supreme Court is (expected to) deliver its judgment in Vattenfall’s case on the unfair price adjustment clause. This is now scheduled for 4 December 2026. That judgement follows the opinion (a non-binding recommendation) of Advocate-General Valk dated 29 May 2026, as discussed in the previous newsletter of July 2026.
Secondly, on Tuesday 15 September 2026, the first hearing in this collective action took place before the Amsterdam District Court. The case pitted Stichting Consumer Justice and two other interest organisations against the ten Energy Suppliers. The Energy Suppliers raised procedural objections, including the lack of territorial jurisdiction of the Amsterdam District Court and separation of the class actions brought against them. Stichting Consumer Justice argues that all these cases and the claims should all be dealt with jointly in one procedure and by the same court (Amsterdam District Court), because all Energy Suppliers have included the exact same unfair amendment clause in their general terms and conditions. According to SCJ, this is also far more efficient. That it is far more efficient to deal with these claims collectively became apparent after the Energy Suppliers were required, at the Amsterdam District Court’s request, to demonstrate whether they all apply the same price adjustment clause. This appears to be the case, as Stichting Consumer Justice has also demonstrated by means of a summary overview (see here).
At the hearing on 15 September 2026, all parties elaborated upon their positions orally and in more detail to the court.
The next step in the proceedings is the Amsterdam District Court's ruling on these preliminary questions. This ruling is expected to be handed down on 28 October 2026.
Stay tuned
We continue to work hard to protect your interests and to obtain compensation for you and other affected parties. We will keep you regularly informed about the progress and developments in this case. For any questions, please feel free to contact us at info@consumerjustice.eu.