Minimum and maximum HOAI rates violate European law!

In today's judgment, the ECJ found in the infringement proceedings initiated by the European Commission against the Federal Republic of Germany (C-377/17) that Germany is in breach of the freedom of establishment of the EU Treaties, as set out in Art. 15 of the so-called Services Directive, by providing for binding minimum and maximum prices for architects' and engineers' services in the Fee Structure for Architects and Engineers (HOAI).

The effects on so-called top-up actions must be examined in detail. The reaction of the associations and, in particular, the national legislator will certainly not be long in coming.

The full text of the decision is available ...here... available.