Invalid price increase: Amazon's appeal rejected
The price increase for Amazon Prime from autumn 2022 remains invalid. The company has also lost its appeal at the Higher Regional Court of DĂĽsseldorf.
(Image: Nikita Burdenkov/Shutterstock.com)
In September 2022, Amazon.com unilaterally increased the rates for its Prime subscriptions in Germany and Austria. These price increases were ineffective. With reference to German law, the DĂĽsseldorf Regional Court ruled against Amazon at the beginning of the year. The company appealed, but unsuccessfully. On Thursday, the Higher Regional Court of DĂĽsseldorf confirmed the first-instance decision against Amazon.
The Consumer Protection Agency North Rhine-Westphalia announces, which initiated the proceedings (File Ref. I-20 U 19/25). The price adjustment clause invoked by Amazon is therefore invalid because it gives Amazon the unilateral right to change prices without transparent criteria. The price could only be increased with the express consent of the affected customers. The text of the OLG decision is not yet available.
Of course, Amazon would have been free to cancel the Prime subscriptions and offer new subscriptions only at higher prices. However, the company did not choose this path. It could, however, apply to the Federal Court of Justice for a review; the decision of the Higher Regional Court is therefore not yet legally binding. Meanwhile, the Consumer Protection Agency NRW is already planning a class action lawsuit to recover the difference for those affected who register for it.
Austrian subscribers can claim money back
In Austria, Amazon did not wait for court rulings. Following a lawsuit by the Federal Chamber of Labour (AK), the online retailer agreed to a settlement. Since then, Amazon has been refunding its Prime subscribers – and notably, only upon customer request.
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Anyone who subscribed to Prime in Austria before autumn 2022 and is affected by the price increase can opt to demand money or a voucher from Amazon – for a continuous subscription, this amounts to up to 36.50 Euros. The exact amount depends on which subscription the customer has (had) and for how long.
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