Energy arbitration board

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The Energy Arbitration Board is the central arbitration board for disputes between consumers and energy supply companies . Founded as an association for arbitration board energy e. V. , based in Berlin , started work on November 1st, 2011.

The legal basis for the establishment of the Arbitration Board for Energy and Recognition by the Federal Ministry of Economics and Technology and the Federal Ministry of Food, Agriculture and Consumer Protection in October 2011 have been §§ 111a, 111b and 111c of the Energy Industry Act (EnWG) since August 4, 2011 . Energy suppliers, metering point operators (generally the network operators ) and metering service providers are obliged as companies to participate in arbitration procedures requested by consumers. Consumers must be made aware of the possibility of arbitration by these companies if they respond negatively to complaints. The prerequisite for the initiation of an arbitration procedure is that the consumer has previously turned to the company without success. The aim of arbitration is always the out-of-court and amicable settlement of the dispute. The arbitration recommendations are generally not legally binding. Only energy suppliers who are members of the sponsoring association have committed to accepting the arbitrator's rulings by joining. The right to appeal to ordinary courts or to apply for other proceedings under the EnWG remains unaffected during the arbitration procedure. However, this then makes the arbitration invalid.

The association is supported by the Federal Association of Energy and Water Management (BDEW), the Federal Association of Consumers (vzbv), the Association of Municipal Enterprises (VKU) and the Federal Association of New Energy Industry (bne; until 2014: Federal Association of New Energy Providers) and is open to all energy suppliers open. Financing is provided through flat rates per case, which should be borne by the respondents (companies) for each case. The arbitration procedure is free of charge for consumers, only in the case of obvious misuse can the consumer be asked for fees after prior notification.

The arbitration board consists of the main members, the office headed by the managing director Thomas Kunde, the advisory board and the arbitration staff headed by the ombudsman . From November 1, 2011 to October 31, 2013, Dieter Wolst , a former judge at the Federal Court of Justice, was the ombudsman of the Energy Arbitration Board . Since November 1, 2013 Jürgen Kipp , formerly Richter u. a. at the Federal Administrative Court and President of the Higher Administrative Court Berlin-Brandenburg , the ombudsman.

activity

Around 2000 consumer complaints are said to have been received within the first two months of activity. Each arbitration procedure should be completed within three months.

On December 30, 2011, the first arbitration recommendation was published. In consumer protection circles , the recommendation was welcomed, so u. a. from the Federation of Energy Consumers and several consumer centers . However, on January 6, 2012, the affected energy supplier Flexstrom , which is not a member of the sponsoring association, rejected the arbitration recommendation as "partial" in favor of the customer and declared that the matter would be defended in the ordinary courts.

According to Ombudsman Dieter Wolst, the Energy Arbitration Board had received around 11,000 inquiries by October 2012, of which around 4,000 had been processed by then.

See also

Web links

Individual evidence

  1. ^ "Energy arbitration board" established for consumers. (No longer available online.) In: Press release from the Federal Ministry of Economics and Technology. October 25, 2011, archived from the original on December 28, 2011 ; Retrieved February 9, 2012 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.bmwi.de
  2. ↑ Energy Industry Act, Section 111 b. Retrieved February 9, 2012 .
  3. ↑ Energy Industry Act § 111 a. Retrieved February 9, 2012 .
  4. ↑ Daniel Wetzel: Consumers can switch electricity providers more quickly. In: The world. October 30, 2011, accessed February 9, 2012 .
  5. ↑ Arbitration Board Energy e. V .: Schedule of costs. (PDF; 23 kB) (No longer available online.) Archived from the original on November 12, 2011 ; Retrieved February 9, 2012 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.schlichtungstelle-energie.de
  6. ↑ Federation of Energy Consumers e. V .: The Energy Arbitration Board is now working for you! November 2, 2011, accessed February 9, 2012 .
  7. ↑ Energy Arbitration Board appoints new ombudsman. (PDF; 36 kb) (No longer available online.) Energy Arbitration Board, October 28, 2013, archived from the original on December 24, 2013 ; accessed on December 23, 2013 (press release). Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.schlichtungstelle-energie.de
  8. ↑ Sabine Schmitt: Arbitration is usually cheaper than a process. In: The world . February 4, 2012, Retrieved February 9, 2012 .
  9. ↑ Dieter Wolst: Decision of the Obmudsman of the Arbitration Board Energy. (PDF; 114 kB) (No longer available online.) Arbitration Board Energy e. V., December 30, 2011, archived from the original on January 31, 2012 ; Retrieved February 9, 2012 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.schlichtungstelle-energie.de
  10. ↑ Federation of Energy Consumers e. V .: Ombudsman: Flexstrom has to pay a bonus. January 4, 2012, accessed February 9, 2012 .
  11. ↑ Consumer advice center Berlin: FlexStrom should pay bonus: Arbitration board energy confirms legal opinion of the consumer advice center. January 25, 2012, archived from the original on February 12, 2013 ; Retrieved February 9, 2012 .
  12. ↑ Furthermore: FlexStrom has to pay a bonus! The Energy Arbitration Board confirms the legal opinion of the consumer center ( memento of December 24, 2013 in the Internet Archive ). Rhineland-Palatinate Consumer Center V., January 5, 2012. Accessed December 23, 2013.
  13. ↑ Daniel Wetzel: Flexstrom should pay bonuses to customers. In: The world. January 6, 2012, accessed February 9, 2012 .
  14. ↑ Stromtipp.de: arbitration board power: 11,000 requests in the first year. October 5, 2012, accessed October 21, 2012.