Internet contract price increase: Do you have to accept it?

The Vodafone case: A right to leave is not the whole answer

The Vodafone proceedings concerned a standard contract term reserving the provider’s right to change contractual conditions unilaterally at its reasonable discretion. The Federation of German Consumer Organisations challenged the term. Vodafone relied, among other things, on section 57 of the German Telecommunications Act (TKG) and customers’ special termination right. After the Regional Court dismissed the claim, the Higher Regional Court of Düsseldorf referred the question of EU law to the CJEU (judgment of 10 September 2026, C-669/24, paragraphs 12 to 18).

The CJEU separates two questions: May the provider change the contract? And what rights does the customer have when a change is announced? Article 105(4) of Directive 2018/1972 governs end users’ termination rights. It does not itself empower a provider to change existing contracts unilaterally (paragraphs 23 to 25 and 35).

The contract term remains decisive

Any right to amend must have another valid basis and comply with consumer protection requirements. The CJEU expressly emphasises good faith, balance and transparency. It does not, however, hold that every contractual amendment right is prohibited (paragraphs 28 to 31). In Germany, the assessment therefore includes, in particular, scrutiny of standard terms under section 307 of the German Civil Code (BGB).

Our assessment: A message mentioning a special termination right does not yet explain why the agreed price may be increased. Have the specific term, the justification for the increase and any subsequent contractual changes examined together. A price step already agreed when the contract was signed, or a different tariff deliberately chosen later, is not automatically equivalent to a unilateral price increase.

If you want to terminate: Note the three-month period

For the unilateral changes covered by section 57(1) TKG, customers may terminate without a notice period and without costs. Termination must be declared within three months of receiving proper notification. The contract can end no earlier than the date on which the change is intended to take effect. This is not a general three-month period running from the CJEU judgment.

As a rule, the provider must give clear and comprehensible notification on a durable medium at least one month and no more than two months before the change. It must state the substance and timing of the change and any existing termination right (section 57(2) TKG). Exceptions to the special termination right include exclusively beneficial changes, purely administrative changes without adverse effects and changes directly required by law.

Does Vodafone now automatically owe customers a refund?

No. The CJEU judgment answers the interpretative question arising from the Düsseldorf action for an injunction against a standard term. It does not award individual customers a refund. Repayment may be available under section 812(1), first sentence, BGB if additional amounts were paid without a legal basis. Whether that is so, which payments are affected and which defences apply require separate examination.

This must be distinguished from the collective action before the Higher Regional Court of Hamm concerning monthly base prices increased by five euros from 2023. By order of 28 November 2025, 12 VKl 1/23, the court stayed those proceedings pending the CJEU decision. The order records the refunds claimed and their dependence on the legal basis for the increase (paragraphs 6 to 10 and 22). It is not itself a judgment awarding refunds. In our research up to 14 October 2026, we could not verify a published final follow-up decision in those proceedings.

Plan objections, termination and refunds separately

Our practical recommendation: First decide whether you want to keep your connection or change providers. If you only dispute the higher amount, avoid accidentally wording your request as a termination. If you want to terminate, document both your notice and its receipt. Whether an additional refund claim makes sense also depends on the amount, costs and documents available.

Do not stop all payments without first checking the position. Establish which amount is undisputed and how to deal with the contested increase. The following documents help with the assessment:

• Keep the contract confirmation and the standard terms applicable when you signed.
• Retain the price increase notice, including the date received and the proposed start date.
• Compare invoices and actual payments before and after the increase.
• Include all tariff changes, declarations of consent and previous complaints.
• Discuss your termination objective, a possible refund and any participation in collective proceedings together.