On 23 January 2025, the Court of Justice of the EU clarified how essential price information must be presented in online offers. The Court ruled that certain price information may be included only in the general terms and conditions.
The case concerned an online tariff calculator provided by the German company NEW Niederrhein Energie und Wasser, which generates electricity tariff offers based on customer data. However, the final tariff turned out to be higher due to a variable surcharge imposed by grid operators—applied when low-tariff electricity is used for high-tariff purposes—which was not mentioned in the offer.
The Court confirmed that this surcharge constitutes essential price information that consumers need in order to make an informed decision. While all price components must be disclosed, consumers do not need to be able to calculate the exact amount. A range of percentages, for example, may suffice. Since these percentages fluctuate daily, the Court found it unreasonable to require NEW to state them in real time.
According to the Court, this price information does not need to be displayed directly alongside the stated tariff. It is sufficient that the offer includes a link to the general terms and conditions where the surcharge percentage is disclosed, provided that the consumer must accept those terms and conditions to complete the transaction.
The Court places considerable responsibility on the average consumer. But how many people actually read the general terms and conditions before accepting an online offer? National courts may take a stricter view, especially where consumers are unaware of such costs because they are not explicitly mentioned in the offer itself.
It is therefore still advisable to mention any applicable variable costs directly in the offer, along with a clear explanation of their amount via a prominent disclaimer or accessible link.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
