Munich court bars higher roaming prices for DCS under AFIR

The Munich I Regional Court ruled on 6 October 2026 that EWE Go may not charge DCS higher prices than its own end customers. The non-final judgment interprets AFIR’s rule against discriminatory prices at publicly accessible charging points. It addresses wholesale prices that shape what drivers pay through roaming services.

The ruling concerns two kinds of customer relationship at a charging station. EWE Go sets prices for drivers using its own app and for drivers paying ad hoc. It also sets wholesale terms for mobility service providers such as DCS, whose charging cards and apps give drivers access to networks.

For DCS, the dispute concerned the price EWE Go sought for roaming access. DCS alleged that the wholesale offer treated it less favourably than EWE Go’s direct customers. That allegation formed the basis of its case before the Munich court. The judgment means EWE Go may not charge DCS more than its own end customers.

The judgment addresses AFIR’s pricing rule

AFIR is the EU regulation governing deployment of infrastructure for alternative fuels, including charging stations. Article 5, Paragraph 3 says operators must not discriminate between end users and mobility service providers through the prices they charge. It permits different price levels only where the difference is proportionate and objectively justified.

In plain terms, the rule does not require every customer group to receive identical prices in all circumstances. A price difference needs an objective reason and must be proportionate to it. The Munich I Regional Court’s decision gives the first judicial clarification of this provision described in the source report. The ruling is not final, so its status may change through further proceedings.

The disputed offer set out the price gap

The proceedings focused on EWE Go’s Offer2All wholesale price for mobility providers such as DCS. As of 1 January 2025, the price demanded was €0.837 per kilowatt-hour. At the same charging station, EWE Go charged ad-hoc payers €0.79 per kilowatt-hour and its own registered app customers €0.52 per kilowatt-hour.

Those figures concern different customer routes to charging, with the wholesale amount applying between EWE Go and a provider such as DCS. Wholesale prices form the basis for roaming tariffs that mobility service providers offer their customers. The source report says the dispute has lasted for years and that DCS brought the claim alleging discriminatory pricing. The case number is 33 O 2062/25.

The ruling settles the central point reported in the case: EWE Go cannot charge DCS more than its own end customers. The material available does not set out a detailed judicial explanation of how the court assessed proportionality or objective justification. It also does not report a response from EWE Go to the judgment. The ruling could affect pricing across the charging industry, although its wider effect remains uncertain.

The ruling leaves questions for later proceedings

The judgment is described as non-final, and the available account does not say whether either party will pursue another legal step. It provides a first interpretation of the AFIR pricing provision, while leaving the account of the court’s reasoning incomplete. The source also does not specify how EWE Go will adjust its wholesale offer or whether DCS’s roaming tariffs will change. Further information on the full judgment and any subsequent proceedings will clarify those points.

For policy watchers and businesses, the immediate record is the court, date, legal status and price rule applied. The outcome concerns a particular dispute between EWE Go and DCS, even as it may inform other pricing arrangements. The next developments to follow are the final status of the ruling and any reported changes to wholesale pricing.