The halt to unilateral changes to electricity and gas contracts was a boon to thousands of families who risked suddenly increasing their bills by over 50%. But the determination of the Aid-bis decree published in the Official Journal on August 9 is already a coincidence. On the one hand, consumer associations are indeed demanding a double effort from the government: an extension of the freeze also beyond April 2023 given the new pressure on electricity and gas prices; but they also call for a shift towards “administered” prices that avoid bloodshed even for those in the free market. On the other hand, small providers in particular are on the alert: the stop to tariff adjustments will trigger an avalanche of payment defaults, they say.
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letters to users
What does the standard provide in detail? “Until April 30, 2023,” the regulation states, “the effectiveness of any contractual clause that allows the electricity and natural gas utility to unilaterally modify the general terms of the contract in relation to the price definition will be suspended, even if the right of withdrawal becomes the.” contractually awarded to the other party”. But be careful, the suspension applies retrospectively: “Notifications communicated before this decree came into force are also invalid unless the contractual changes have already been implemented.”
This means that families and businesses that also received the contract change letters in June and July are safe from the maxi price increases, as the letters are usually sent out at least 30 days before the contract change takes effect. The “fixed price” agreed upon conclusion of the contract remains in place for at least another 9 months. Will the suspension be automatic? In reality, the standard does not clarify certain details. But for consumer protection, no application needs to be made, the suspension is triggered automatically. “For those who have already received the letter of termination”, specifies Adiconsum, “the unilateral change in the conditions (with increases from October) is automatically extended until April 30th. On the other hand, unilateral changes that have already been implemented at the time the decree comes into force are effective. The extension is therefore also effective for those who have received the simple change notification in the past few weeks”.
However, the Association asks energy companies that have already activated, but not yet completed the procedure of unilaterally changing the terms of the contract, to immediately inform the affected customers of the effective date for the changes to come into force ». Of course, state intervention is not decisive, adds Adiconsum, but “in anticipation of further measures, we advise consumers to regularly check the affordability of the domestic offer on the public comparison portal offers”. The unilateral changes, Assoutenti stresses, “are a sign of the seriousness of the situation, which unfortunately weighs and will weigh heavily on consumers’ pockets”. It is not enough to have them blocked, “we continue to demand that the government enforce administered energy prices. In the absence of these measures, the company can terminate the contract without considering it more profitable.
THE ADVANTAGES
For weeks, consumer associations have reported the receipt of thousands of letters from energy companies with unilateral changes to the contract terms set for 12 or 24 months. An option that allows the supplier to change the terms at its own discretion, but which gives the consumer the opportunity to withdraw from the relationship free of charge. But if. no choice is made, upon tacit approval, after 30 days from receipt of notification, the new terms will apply. It should be remembered that the choice of the free market with fixed tariffs has so far protected families more than the tariffs of the protected market set up by the Arera. According to Facile.it simulations, which looked at the best free market tariffs available online from January 2018 to March 2022, a typical family that opted for a 12-month fixed price tariff at the beginning of the year gave 5,908 between electricity and gas . euros, compared to the 7,246 euros paid by those who remained in the protected market. Without the freeze, the same families risked canceling price increase insurance for the next few months.
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