Thelen Technopark Berlin (Freedom to provide services - Architects' and engineers' fees - Judgment) [2022] EUECJ C-261/20 (18 January 2022)

Thelen Technopark Berlin (Freedom to provide services - Architects' and engineers' fees - Judgment) [2022] EUECJ C-261/20 (18 January 2022)

EU law does not require a national court, solely on the basis of Article 15(1), (2)(g) and (3) of Directive 2006/123/EC, to disapply national legislation setting minimum rates for architects and engineers in disputes exclusively between private individuals, as directives cannot impose obligations on individuals in such disputes. However, parties harmed by non-conformity of national law with EU law may claim compensation under the principle of state liability.

Citation
[2022] EUECJ C-261/20
Parties
Applicant: Thelen Technopark Berlin GmbH; Respondent: MN
Jurisdiction
European Union
Judgment Date
18 January 2022
Procedural Posture
Preliminary Ruling (reference for a Preliminary Ruling) / Judgment on Reference From Bundesgerichtshof (federal Court of Justice, Germany)
Outcome
Preliminary ruling issued; national court not required by EU law to disapply HOAI minimum fee provisions in private disputes; second question inadmissible.
Legal Topics
Direct Effect of Directives, Primacy of EU Law, Freedom of Establishment, Minimum Fee Regulations, State Liability for Breach of EU Law
European Union Law Contract Law Direct Effect of Directives Primacy of EU Law Freedom of Establishment Minimum Fee Regulations State Liability for Breach of EU Law

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Parties

Thelen Technopark Berlin GmbH

Applicant

MN

Respondent

Procedural Posture

Preliminary Ruling (reference for a Preliminary Ruling) / Judgment on Reference From Bundesgerichtshof (federal Court of Justice, Germany)

Legal Issues

  1. 1 Whether Article 15(1), (2)(g) and (3) of Directive 2006/123/EC has direct effect in disputes exclusively between private individuals, requiring national courts to disapply conflicting national law;
  2. 2 Whether Article 49 TFEU precludes national legislation setting minimum rates for architects and engineers and invalidating agreements derogating from those rates.

Ratio Decidendi

EU law does not require a national court, solely on the basis of Article 15(1), (2)(g) and (3) of Directive 2006/123/EC, to disapply national legislation setting minimum rates for architects and engineers in disputes exclusively between private individuals, as directives cannot impose obligations on individuals in such disputes. However, parties harmed by non-conformity of national law with EU law may claim compensation under the principle of state liability.

Court Disposition

Preliminary ruling issued; national court not required by EU law to disapply HOAI minimum fee provisions in private disputes; second question inadmissible.