Luxembourg, 18 January 2022
Judgment in Case C-261/20 Thelen Technopark Berlin
Despite the fact that the Court has previously held that the German legislation setting minimum rates for fees for services provided by architects and engineers (the HOAI) is contrary to the Services Directive, a national court, when hearing a dispute between private individuals, is not required, solely on the basis of EU law, to disapply that German legislation
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This is, however, without prejudice to, first, the possibility for that court to disapply that legislation on the basis of domestic law in the context of such a dispute, and, second, the possibility, if appropriate, for a party which has been harmed as a result of that legislation not being in conformity with EU law to claim compensation from the German State
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Source – CJEU