Minimum rates of HOAI not applicable in case of dispute!

In the dispute over the minimum rates of the Fee Regulations for Architects and Engineers (HOAI), the Attorney General has recommended that the European Court of Justice (ECJ) rule against the minimum rates in the question referred by the Federal Court of Justice (Case C-261/20):

A national court seised of a dispute between private individuals concerning a claim based on national legislation which sets minimum rates for service providers in a manner contrary to Article 15(1), (2)(g) and (3) of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market must disapply that national legislation.

In other words: In the future, in a fee dispute with the client, planners will no longer be able to demand the minimum rates according to the HOAI (2013) if a lower remuneration has been agreed.

It remains to be seen whether the ECJ will follow the opinion of the Attorney General. As a rule, this is the case.

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