Utilities in Austria: Electricity, Gas, Internet and Postal Services

Some services are so important to everyday life in Austria that the law protects access to them. For electricity, gas, telephone, internet and postal services, providers cannot freely decide whom they will contract with. This guide explains your rights and their limits.

In brief

• Energy, telecommunications and postal companies are subject to a contractual obligation (Kontrahierungszwang): they cannot refuse you without a reason.
• Everyone is entitled to internet access regardless of where they live, but this does not necessarily mean fast internet, and you cannot choose the connection type.
• If you have difficulty paying for electricity or gas, you can invoke basic supply (Grundversorgung), but you must pay one monthly instalment in advance.
• Old debts remain, but the service cannot be disconnected because of them if you pay for new consumption on time.
• For disputes, E-Control offers a conciliation procedure for energy matters, while RTR handles telecommunications and postal matters.

Which services can you access?

The purpose of basic services is to ensure that everyone can access essential services. The companies concerned are part of public services (Daseinsvorsorge). These include telecommunications, postal, transport, energy and water suppliers, as well as waste collection companies.

These companies must provide universal service (Universaldienst). This means a minimum range of services at an affordable price and with a defined level of quality.

Can a provider refuse to conclude a contract?

The contractual obligation means that a company must conclude a contract with anyone who meets the general conditions. These conditions are set out in the General Terms and Conditions (Allgemeine Geschäftsbedingungen, AGB). A provider may not arbitrarily place anyone at a disadvantage.

There are, however, acceptable reasons for refusal. In the case of internet access, these may include:

• the connection would not be reasonably economically viable,
• there is no available network at the location,
• your creditworthiness (Bonität) is insufficient.

Before concluding a contract, the telecommunications company may check your creditworthiness, including through an economic information service (Wirtschaftsauskunftsdienst).

What data was used to assess your creditworthiness?

You can ask both companies to tell you which data they used for the assessment and where it came from. The information must be free of charge and complete, including an explanation of how your creditworthiness was calculated. If you discover that data was collected unlawfully, you can request its deletion. You can enforce this through the data protection authority (Datenschutzbehörde).

What internet and telephone services are included?

Universal service in telecommunications includes:

• access to a public telephone service; the line must also be suitable for fax and internet use,
• a directory enquiry service containing the numbers of subscribers of all providers,
• a directory covering subscribers across different providers.

Everyone is entitled to internet access, regardless of where they live or work. However, there are important limits:

• You are entitled to: internet through a mobile or fixed network.
• You are not entitled to: choose a specific connection method.
• You are entitled to: one provider.
• You are not entitled to: choose a specific company.
• You are entitled to: indoor coverage in the case of mobile service.
• You are not entitled to: coverage in every individual room.
• You are entitled to: suitable access for e-banking, e-government services and e-learning.
• You are not entitled to: particularly fast internet or streaming.

Which postal services are part of universal service?

Within Austria and across borders, Österreichische Post AG is required to provide universal postal service, although other companies may also offer it. This includes:

• collection, sorting and transport,
• delivery of consignments weighing up to 2 kg and parcels weighing up to 10 kg,
• registered and insured-value items.

In telecommunications and postal services, RTR (Rundfunk und Telekom Regulierungs-GmbH) is responsible for monitoring fees, the AGB and measures that ensure service provision. Affected users can also have service provision secured by an official decision.

What happens if you cannot pay your electricity or gas bill?

In principle, an electricity or gas provider may disconnect you if you do not pay your bill. However, the right to basic supply allows you to prevent disconnection or have the service reconnected quickly if you experience payment difficulties. This applies to consumers and small businesses.

You can invoke basic supply with your current provider or with any other provider. In this situation, the contractual obligation also applies, and the contract is concluded under the general conditions and the basic-supply tariff.

The requirements are:

1. you must invoke basic supply,
2. you must pay one monthly instalment in advance.

The basic-supply contract created in this way is a new legal relationship independent of the previous energy contract.

What happens to old debts?

Existing debts do not disappear. However, the service cannot be disconnected because of them as long as you pay on time for consumption arising after you invoked basic supply. In the event of a dispute, you can use E-Control's conciliation procedure (Streitschlichtungsverfahren).

Frequently asked questions

Can a provider refuse to connect my internet?

Not without a reason. Acceptable reasons may include the absence of a network, a connection that would not be economically reasonable, or insufficient creditworthiness.

Am I entitled to fast internet?

No. Basic service only guarantees access that allows activities such as e-banking and electronic government services. Streaming is not included.

How much must I pay for basic electricity or gas supply?

You must pay one monthly instalment in advance. The amount is determined by the basic-supply tariff.

Where can I turn in a dispute?

For energy matters, contact E-Control's conciliation service. For telecommunications and postal matters, contact RTR's conciliation service.

Practical steps

1. Check the provider's Allgemeine Geschäftsbedingungen (AGB) and the reason if your contract application is refused.
2. If your creditworthiness was assessed, request free and complete information about the data used, its source and the calculation method.
3. If you cannot pay an electricity or gas bill, explicitly invoke Grundversorgung and pay the required monthly instalment in advance.
4. Keep records of your applications, payments, bills and correspondence with the provider.
5. Contact E-Control for an energy dispute or RTR for a telecommunications or postal dispute, and request a Streitschlichtungsverfahren where appropriate.

This information is based on sources available online and is not legal advice. Use it at your own risk. If you need specialist advice, contact a lawyer, legal professional or another relevant specialist.

Source: oesterreich.gv.at