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04.
April
HOAI 2009 / 2013: The top-up action - also possible with public clients!

HOAI 2009 / 2013: Action to increase rates - also possible for public clients! Federal Court of Justice, decision of 14.02.2024 - VII ZR 221/22 Whether the mandatory minimum and maximum rates of the HOAI 2009/2013 may still be applied by German courts after the decision of the European Court of Justice (ECJ, judgment of 04.07.2019 - Case C-377/17) heated up the minds of clients and [...].

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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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