BGH: Gas Price Adjustment Clauses in Essen Void

Following previous rulings, the Federal Court of Justice (Bundesgerichtshof – BGH) on 13 January 2010 declared price adjustment clauses in gas supply agreements of the municipal utility of Essen (Stadtwerke Essen) void.The adjustment clauses entitled Stadtwerke Essen to raise prices if their costs went up, but did not include the obligation to reduce prices if costs went down.

Source: Press release Bundesgerichtshof no. 8/2010 of 13 January 2010, ref. no VIII ZR 81/08