German energy provider Stadtwerke Heidelberg defends itself against unauthorized enticement of their customers by a competitor

Deutsche Version

The electricity and gas market is fiercely contested. More and more energy providers choose dubious methods to attract new customers.

The District Court of Karlsruhe (Landgericht Karlsruhe) forbade the Stadtwerke opponent ePrimo GmbH, a discount distribution company for electricity and natural gas from RWE, various competition infringements (judgment of 26 October 2016, ref. 18 O 41/16).

Terhaag & Partner Rechtsanwälte represented Stadtwerke Heidelberg in this procedure and the court hearing at Landgericht Karlsruhe.

After the opponent was not ready to issue a declaration of injunction in advance, our client was forced to take legal action as it obtained an interim injunction, which meanwhile became final.

What exactly has been prohibited?

On the one hand, ePrimo GmbH was prohibited,

to call customers of the applicant without their previous express consent for advertising purposes.

On the other hand, ePrimo GmbH was also prohibited,

to hinder and/or impede the Stadtwerke Heidelberg by headhunting their customers, if this occurs under deception of the customer to be acquired.

In case of a violation of this judicial prohibition by the defendant, a fine up to 250,000 Euros or even imprisonment is possible.