Austria: Supreme Court rules on long-term gas supply contracts

On 25 January 2021 the Supreme Court issued a decision on long-term contracts for the import of Russian natural gas into Austria (16 Ok 3/20g). The contracts had been concluded in 2006 for the supply of unstructured natural gas. All of the contracts expired on 31 December 2027. At the time of their conclusion, such long-term commitments were common for contracts between natural gas producers and importers or wholesalers throughout Europe. The contracts contained an obligation for customers to purchase 83% of the contract volume (at least in the medium term), even if this amount was not actually taken (take-or-pay clause). In 2011 one of the buyers was granted an early termination right.

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