Energy supplier may not change or cancel a fixed contract

We are receiving noticeably more questions from companies on a fixed energy price whose energy supplier or intermediary wants to end the contract early or adjust the rate. That is reason enough for us to explain what is and is not allowed.

An agreement is an agreement

We can be very clear about this: an agreement is an agreement. A supplier or intermediary may not unilaterally cancel a fixed-price energy contract without your consent. So that is not possible if you have a contract with fixed rates. There is a reason the supplier agreed with you that those rates apply for the duration of the contract.

In most cases, the general terms and conditions of a fixed-rate contract also offer no scope for changing the contract mid-term. Bankruptcy is often the only exception.

The supplier may only adjust or re-fix your energy price if that is what you want. So never agree to a proposal for an early price adjustment on a fixed energy price. There is a strong chance the new energy price will be many times higher than your fixed price, certainly if you concluded a fixed-price contract before the summer of 2021.

We have already seen examples here of prices three to five times higher!

Let them know that you do not agree

Send the supplier a letter or e-mail stating that you do not agree to the termination or the change and that you want the contract to simply continue. You can find a sample letter here.

From 1 October to 1 April, your supplier may not simply stop supplying energy.

When may a supplier change your contract?

If you ask for it yourself

• If you do not pay your bills
• If your contract has expired.

Unable to reach an agreement with your energy supplier?

There are then several steps you can take to enforce your rights.

1. Report it to the Netherlands Authority for Consumers and Markets (ACM):

Does your supplier want to stop or change your contract? Or do you have a contract with fixed rates and are unexpectedly higher rates appearing on your bill? Or have you received a letter from your grid operator stating that you do not have a supplier? Then report it to the ACM. This helps show where the ACM needs to take action. They will act when companies fail to comply with the rules, and this often requires several reports. So every report helps. Click here.

2. Report it to CIRE

CIRE is a register in which intermediary resellers of energy contracts register themselves. This allows energy suppliers to see which intermediaries are selling their energy and whether they meet the transparency requirements CIRE sets. The parties involved want to ensure that customers receive the energy offer they value in a proper manner, and that poorly functioning intermediaries are no longer used. Here too, every report helps, because several reports are often needed before action is taken. Click here.

3. Legal support

As a consumer you can turn to ACM ConsuWijzer or go through your legal expenses insurance.

For businesses, the following options for legal support are available:

• Does your company have an in-house lawyer? See what they can do to resolve legal problems and questions.
• Trade association and employers' organisation. Are you a member of a trade association or an employers' organisation? There is often a lawyer there who can help you with specialist questions. Read more about trade associations on Ondernemersplein.
• The Disputes Committee (Geschillencommissie). Would you rather not go to court? Then you can turn to the Disputes Committee. You receive a ruling that both parties must abide by.
• With mediation, you work towards a solution together under the guidance of an expert.
• Do you have special legal expenses insurance for entrepreneurs? A legal expenses insurer has in-house lawyers and attorneys to help you through a legal process. Ask your insurer about it.
• You can engage a lawyer. A lawyer knows the law and can give you tailored advice on your rights and obligations. And, should it prove necessary, guide you to court.

At COMCAM we support all our clients with both the ACM report and on legal matters. If you have questions or would like more information, please feel free to contact us.