Brussels, 26/11/2015 (Agence Europe) - Consumers may not cancel a binding contract with a telecommunication services provider due to an increase in rates laid down in the contract and based on a consumer price index.
In this judgment (case C-326/14), which was returned on Thursday 26 November, the Court of Justice of the EU followed the conclusions of Advocate General Pedro Cruz Villálon presented in July 2015 (see EUROPE 11356). In it, it confirmed that there is no change in the contractual conditions if the general conditions provide for the possibility to increase prices in reference to an objective consumer price index laid down by a public institution.
The Court reiterated the fact that companies providing electronic communication services may have a legitimate reason to change the prices and rates of their services. However, it stressed that any change of this kind must be based on a “clear, specific and publicly accessible” indexation method based on decisions and mechanisms in the public domain. (Original version in French by Jan Kordys)