‘Price calculation indications in online offers: Misleading or not? CJEU in NEW Niederrhein Energie und Wasser (Case C‑518/23)’

On 23 January, the CJEU provided further clarity on what amounts to a misleading omission in an invitation to purchase under the UCPD (Case C‑518/23). The case concerns an online electricity tariff calculator operated by the German company NEW Niederrhein Energie und Wasser. Based on customer input, the calculator generates a tariff offer that the customer can accept, resulting in a contract with NEW. However, the generated tariff appears lower than the actual price as it fails to indicate a variable percentage increase – a ‘compensatory’ amount charged by the electricity distribution network operators for the use of low-tariff electricity for high-tariff purposes … (more)

[Jie Ouyang, Recent developments in European Consumer Law, 20 February 2025]

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