VZBV launches profit disgorgement action against Primaholding over unlawful €3 print fee
German consumer watchdog files profit disgorgement against Primaholding energy suppliers over unlawful €3 print fee; refunds go to federal budget in 2026.
The Verbraucherzentrale Bundesverband (vzbv) has begun profit disgorgement proceedings targeting Primaholding’s energy suppliers after German courts ruled that customers were wrongly charged a €3 print fee. The watchdog says the move aims to strip unlawfully obtained earnings from Voxenergie, Nowenergy and other Primaholding subsidiaries. The action follows binding cease-and-desist rulings from the Landgericht Berlin that found the print charge illegal.
Court rulings on the €3 print charge
The Berlin regional court concluded that charging customers a fee for an annual paper bill violates statutory obligations requiring free paper billing upon request. The rulings followed lawsuits filed by the vzbv and are now final for the energy discounters named. According to the consumer association, the courts confirmed that the print fee was not permitted under current billing rules.
Companies and subsidiaries under scrutiny
The proceedings name Voxenergie and Nowenergy as the primary targets, and the vzbv has also pressed claims against Primastrom and Paketsparer, subsidiaries linked to the Primaholding group. The consumer federation demanded disclosure of the total revenues generated by the €3 print charge. So far, the association says the companies have not provided the requested figures, and vzbv has set deadlines for compliance.
Legal instrument and its intended deterrent effect
Vzbv officials say they are now using the strengthened profit disgorgement mechanism more actively after successful cease-and-desist suits. The instrument is intended to prevent firms from deriving financial benefit from systematic, low-value violations that affect large numbers of customers. Vzbv legal lead Heiko Dünkel described the tactic as a response to “streuschäden” — widespread small harms that individually discourage consumer action but add up commercially.
Financial consequences if proceedings succeed
If the profit disgorgement claims prevail, any profits found to have been unlawfully earned through the print fee would be transferred to the federal treasury rather than returned to the consumer association or directly to customers. The vzbv will not receive a share of those funds, according to the association. This channeling of funds to the state is designed to remove the economic incentive for companies to persist in prohibited billing practices.
What affected customers can do
Consumers who paid the disputed €3 print fee can still pursue refunds individually from their supplier by citing the court judgments obtained by the vzbv. The association notes, however, that individual claims may be impractical for many customers because the amounts involved are small. For consumers, the most feasible route will often be a targeted individual request for repayment, supported by the existing court rulings.
Deadlines and next procedural steps
Vzbv has given Nowenergy a deadline to disclose the revenues collected from the print fee, with the association’s letter setting a response date of August 4, 2026. The watchdog says Voxenergie likewise has been asked to provide details but has yet to respond. Should the companies fail to comply or should the data confirm sizeable unlawful revenues, the vzbv intends to press its profit disgorgement claims through the courts.
The consumer federation and legal experts warn that small per-customer fees can aggregate into significant sums and distort competition if left unchecked. The ongoing proceedings will test the reach of profit disgorgement as a remedy for mass, low-value consumer harm and could influence how utilities and other services bill customers going forward.
