Minimum and maximum HOAI rates violate European law!

In today's judgment, the ECJ ruled 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 in that the Fee Structure for Architects and Engineers (HOAI) provides for binding minimum and maximum prices for architects' and engineers' services.

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.

Status: 04.07.2019