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24.
March
BGH: Contractual penalty clause with reference to net order amount in unit price contract is invalid!

BGH: Contractual penalty clause with reference to net order amount in unit price contract is invalid! BGH, judgment of February 15, 2024 - VII ZR 42/22 The BGH has once again classified a contractual penalty clause designed as a general terms and conditions as invalid. This concerns provisions in unit price contracts that link the contractual penalty to the net order amount. The BGH considers this to be an unreasonable disadvantage for the contractor, cf. 307 para. [...]

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18.
January
MO45LEGAL | ECJ on compliance with the mandatory price law of HOAI 2009/2013

ECJ on the mandatory price law of HOAI 2009/2013: German courts can, but do not have to apply! ECJ, Judgment of 18.01.2022, Ref.: C-261/20 - Case Thelen Technopark Berlin After the European Court of Justice (ECJ) in its judgment of 04.07.2019 (Ref.: C-377/17 - link to judgment) in the infringement proceedings against the Federal Republic of Germany found that the national mandatory price law of [...]

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15.
May
MO45LEGAL | BGH on the applicability of HOAI

On May 14, 2020, the German Federal Court of Justice (BGH) addressed the question of whether the mandatory price law of the Fee Structure for Architects and Engineers (HOAI) can continue to be applied between private parties following the judgment of the European Court of Justice (ECJ) of July 4, 2019 in the infringement proceedings against the Federal Republic of Germany (Case No.:C-377/17), as long as the legislator has not provided a remedy. According to the aforementioned judgment [...]

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