European Commission sues Germany on Architects’ and Engineers’ Tariffs

 

The German Federal Chamber of Architects informed members of ACE in a statement yesterday that the European Commission has lodged the application initiating proceedings in the case of the Official German Scale of Fees for Services by Architects and Engineers (HOAI) to the Court of Justice of the European Union on 23 June. The Court of Justice has delivered the application initiating proceedings to the German Federal Ministry for Economic Affairs and Energy on 28 June. The case number is Commission v Germany C-377/17.

The European Commission had previously announced on 17 November 2016 its decision to take further steps in the infringement procedure against Germany regarding the HOAI. According to the Commission, the binding minimum and maximum rates of the HOAI are not compliant with the EU Services Directive (Directive 2006/123/EC). The German Federal Government disagrees with the legal opinion of the Commission and will not change the HOAI to remove the binding minimum and maximum rates. Therefore, the case has been brought before the Court of Justice of the European Union.

The German Federal Chamber of Architects expressed its appreciation for ACE affiliates’ ongoing support in defending the Official German Scale of Fees for Services by Architects and Engineers (HOAI) expressed during the ACE general assemblies in December 2016 in Brussels and in April 2016 in Berlin.

The German chamber has asked for assistance in defending their cause by lobbying Member States and institutions of the Union to intervene in the case before the Court  as per Article 40 paragraph 1 of the Statute of the Court of Justice of the European Union. The deadline for the submission of such an application is six weeks from the publication of the notice in the Official Journal of the European Union. “Hence, rapid intervention is required,” it added.