Fixed tariffs for architects and engineers (German „HOAI“) violates EU Law Judgement of the European Court of Justice, 4 July 2019 (Case C-377/17)
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Keywords

Failure of a Member State to fulfil obligations
Services in the internal market
Article 49 TFEU
Freedom of establishment
Fees of architects and engineers for planning services
Minimum and maximum tariffs

Abstract

In its ruling of 4th July 2019 (Case C-377/17) on the Fee Structure for Architects and Engineers (HOAI) in the infringement proceedings of the EU Commission against the Federal Republic of Germany, the European Court of Justice (ECJ) ruled that the German regulations of the HOAI on minimum and maximum rates for planners‘ fees violate the provisions of the Services Directive (Directive 2006/123/EC). The following article will examine what exactly this ruling means and what effects and reform requirements it causes.

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