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.
Background
Since 1 April 2017, the Energy Suppliers have all applied a clause in their general terms and conditions for variable energy contracts on the basis of which they can unilaterally change the tariffs (the "Price Change Clause"). On 24 February 2023, the Amsterdam District Court held in proceedings against Vattenfall that this Price Change Clause is unfair and declared it null and void. As a result, all price changes that Vattenfall has implemented since 1 April 2017 on this basis are invalid. This means that the Price Change Clauses of the other Energy Suppliers are likewise unfair.
In March 2025, the Amsterdam Court of Appeal confirmed this ruling of the Amsterdam District Court. In April 2025, Vattenfall lodged an appeal in cassation against this ruling of the Amsterdam Court of Appeal with the Supreme Court. The proceedings before the Supreme Court are still ongoing.
On 12 September 2025, Stichting Consumer Justice held the Energy Suppliers liable and invited them to a discussion about a settlement. They did not, or only barely, respond to this, after which Stichting Consumer Justice initiated a collective action on 30 September 2025. In doing so, it represents all Dutch households and small businesses who have (had) a variable energy contract with one of the Energy Suppliers since 1 April 2017. Through the collective action, Stichting Consumer Justice aims to obtain compensation for all affected households and small businesses, and to restore a fair and competitive energy market.
Recent developments
The Energy Suppliers have raised formal, procedural objections, including regarding the admissibility of Stichting Consumer Justice and the jurisdiction of the Amsterdam District Court. They also take the view that the claims against the various Energy Suppliers must be split. Stichting Consumer Justice argues, on the contrary, that the Amsterdam District Court has jurisdiction and that the claims must be dealt with in a single proceeding.
The Amsterdam District Court subsequently ruled that the (territorial) jurisdiction, the request for splitting and the requests for information must be addressed first. For this purpose, the Amsterdam District Court has scheduled a hearing on 15 September 2026.
In addition, there has been a development in Vattenfall's cassation proceedings. Advocate General Valk published a conclusion on 29 May 2026 in which he advises the Supreme Court to refer the case back to the Amsterdam Court of Appeal for reconsideration. The Supreme Court is expected to deliver its judgment in December 2026.
Stichting Consumer Justice is continuously working to protect your interests. For example, it has contacted Gaslicht.com and is in discussions with economists to better map the disadvantage suffered by Dutch households and small businesses. Research has also been conducted into energy poverty among the Dutch population.
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@mijnenergieclaim.nl.