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ENERGY

German government moves to end short-notice energy contract terminations

With thousands of customers currently left out in the cold by providers cancelling electricity and gas contracts at short notice, Germany is planning to introduce tighter controls on the energy sector.

Heat cost allocator on a radiator
A heat cost allocator, for calculating heating costs, on a radiator. Photo: picture alliance/dpa | Sina Schuldt

The government says it wants to put a stop to short-notice terminations of electricity and gas contracts by low-cost providers as well as sudden price hikes. 

“We must not leave consumers out in the cold like this again,” Oliver Krischer (Greens), Parliamentary State Secretary in the Federal Ministry of Economics, told DPA in Berlin. “This was and is a great burden for many people and a huge shock to suddenly find a notice of termination from the gas or electricity provider in the letterbox.”

Krischer also announced that the there would be uniform tariffs for basic energy supply in future, so that new customers do not face bills that are twice or three times as high as those paid by existing customers.

“Split basic-supply tariffs are in the end just make additional work for the courts, which we want to avoid,” he said.

Split tariffs are when an energy provider offers different rates for new and existing customers.

READ ALSO: How households in Germany can tackle rising energy costs

In addition, energy providers will have to give their customers several months’ notice if they decide to cancel their energy contracts so that people have time to look for a new supplier.

With energy prices soaring over the past year, struggling low-cost providers have cancelled thousands of contracts at short notice, leaving customers grappling to organise a new contract at an affordable rate. 

These consumers then tend to automatically move to the the so-called substitute supply with a basic supplier in their area – but often have to pay significantly more for this back-up service. 

The newly formed Ministry for Energy and Economics, which is run by the Greens, wants to stop this from happening.

Oliver Krischer (Greens) speaks in the German Bundestag

Oliver Krischer (Greens) speaks in the German Bundestag. Photo: picture alliance/dpa | Bernd von Jutrczenka

“There is a need for action,” said Krischer. “We therefore want to raise the hurdles for discontinuing supply and put the instrument of basic and substitute supply on a new footing.”

He added that the ministry would also make proposals on how dubious competitors could be better filtered out by the Federal Network Agency.

“The fact that around one million gas and electricity customers are being terminated within a very short time must not be repeated,” he warned. 

READ ALSO:

Split energy tariffs 

According to a position paper of the Federation of German Consumer Organisations, some new customers have found themselves paying up to €1,654  more per year in tariffs than existing customers.

This is because budget suppliers tend to purchase low-cost energy for their customers in advance to keep costs low in the long-term.

However, with prices rapidly rising due to supply issues and the effects of the pandemic, these same suppliers have been forced to secure more energy at significantly higher prices to cater to a higher-than-expected number of new customers. 

Therefore, some suppliers have started to differentiate between new and existing customers and to supply new customers at more expensive tariffs. In the view of the consumer centres, however, this is legally inadmissible, dangerous for fair competition and incomprehensible. 

READ ALSO: German local authorities demand reduction in energy prices

According to the Ministry of Energy and Economics, concrete proposals for amendments to the Energy Industry Act are now being worked out in close cooperation with the Ministry of Consumer Protection.

The aim is to provide more protection for consumers through clear notice periods before supply is discontinued and to improve the regulations on substitute supply and basic supply.

Vocabulary 

short-notice cancellation / termination – (die) kurzfristige Kündigung

basic supply – (die) Grundversorgung 

a huge burden – (eine) große Belastung 

to react to something – auf etwas reagieren 

We’re aiming to help our readers improve their German by translating vocabulary from some of our news stories. Did you find this article useful? Let us know.

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INHERITANCE

EXPLAINED: How to write a will in Germany

German succession law is pretty clear on what happens to your assets if you die without a will. But there are some big advantages - particularly for foreigners - of writing one.

EXPLAINED: How to write a will in Germany

First and foremost, the largest advantage when it comes to writing wills as a foreigner in Germany – is the option to decide which country’s law applies when you write your will.

“Foreigners living in Germany have a huge advantage over German citizens, because you can choose the law of your own country for your will – even if you live in Germany,” says Andreas Moser, a Chemnitz-based immigration and family lawyer who runs a popular blog on German citizenship and family law. “Dual citizens who are German and have another nationality also have this advantage.”

READ ALSO: Everything you need to know about German inheritance law

Whether you want to do this of course, depends highly on the other country concerned and its law – and how much it differs from German law.

In specific detailed cases, you may want to consult a lawyer who specialises in wills and estates. One example of how German law may differ though is that many countries don’t have “forced heirship”, which requires you to leave certain shares of your estate to certain immediate family members.

By contrast, Germany has forced heirship. If, however, you would like to get around this for some reason, you can specify that your will should go under the other country’s law – if, for example, that country doesn’t have forced heirship.

This is unlikely, however, to result in people resident in Germany you leave assets to being able to get around inheritance tax, as this counts towards the receiver’s tax and not the deceased’s. However, there are other cases when using either country’s estate law might have different implications for certain assets – something a specialised lawyer can give you more information about.

If you want your other country’s rule to apply, make sure you specifically state that in your will.

EXPLAINED: The rules around inheritance tax in Germany

When should you definitely have a will?

Moser suggests that foreigners in Germany who want their native country’s law to apply write a will and specifically state that as their wish.

He also recommends wills in particular for those who have “patchwork” families, where one or both spouses have been married before or have children from previous marriages – in order to avoid complicated proceedings over who gets what.

A family sit at a lake.

Foreigners in Germany – even if they are dual German citizens – can choose the succession law they want to apply in their will. Image by Eva Mospanova from Pixabay

How should I write a will?

When it comes to composing a will, you have three main options:

The first is to write an international will that’s valid in your home country and that specifically states that you want the law of your home country to apply. 

The disadvantage of this approach is that your heirs may have to later pay to have it translated into German. You can also arrange to have an official German translation of it done.

Your second choice is to handwrite a will and sign it. This is known as a holograph will or Eigenhändiges Testament in German. It can be in any language, although again – your heirs may have to pay to have it translated later.

This option also avoids certain expensive legal fees – and you can state which country’s law you want to apply. However, for it to be valid, it must be entirely handwritten and include the date and place of signature. It cannot be typed and signed. If you’re concerned about the will going missing, you can deposit it with your responsible probate court for a fee of €75.

The final option is to write a public testament – which is prepared by a German notary. These wills are pretty ironclad but can be expensive – with fees that differ depending on the size of the estate. Once prepared, the notary will then file it with the public registry – so there is always a record of it.

READ ALSO: Do foreigners in Germany owe tax on money that is inherited from overseas?

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