EWE Go charged a roaming provider about 60% more than app users; a Munich court said no

On 6 October 2026 the Munich I Regional Court ruled, in the first instance, that EWE Go may no longer charge the roaming provider DCS more at its charging points than it charges ad-hoc chargers and its own contract customers. The court also objected to a blocking fee EWE Go charged only intermediaries. The ruling rests on Article 5(3) of the EU regulation on alternative fuels infrastructure (AFIR). DCS, which is one-third owned by BMW, Mercedes-Benz and BP and says it offers access to more than 1.2 million charging points, filed the suit in February 2025.

At the tariffs in dispute from 1 January 2025, EWE Go charged mobility service providers 83.7 cents per kWh for high-power charging, ad-hoc users 79 cents and customers using the EWE Go app 52 cents. Roaming providers also paid a net blocking fee of 10 cents a minute that others did not. The gap to the app tariff was 31.7 cents, about 60%. EWE Go cited administrative and customer service costs, entrepreneurial risk and loyalty models. The court apparently did not find these enough to justify a 31.7-cent difference.

The court also held EWE Go liable for past and future damage, retroactive to 13 April 2024, when the AFIR price rules took effect. The amount is unclear. DCS says it is the first court decision in the EU on Article 5(3).

Injunction, damages for the loss since 13 April 2024 and legal costs. First instance only, not yet final.

EWE Go set three prices at one charging point, with the intermediary paying the most.

It added a blocking fee that neither ad-hoc nor contract customers paid.

The justifications it gave, such as administration, risk and customer loyalty models, did not convince the court for a difference of this size.

The AFIR requires price differences between end users and mobility providers to be proportionate and objectively justified.

Charging an intermediary far more than your own customers invites a discrimination suit once the law requires proportionate, objectively justified differences.

EWE Go told electrive.net it must first examine the judgment and that this would take time, so an appeal is not ruled out. The judgment is not legally binding and only affects EWE Go and DCS, though heise says the framework could influence charging prices more widely. The ruling concerns DCS's purchasing terms, not what drivers pay, so it does not automatically lower roaming tariffs. The written reasons will show whether the court generally rejects such cost arguments or just found the amount unproven.