CELEX: 62020CA0261
Language: en
Date: 2022-01-18 00:00:00
Title: Case C-261/20: Judgment of the Court (Grand Chamber) of 18 January 2022 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Thelen Technopark Berlin GmbH v MN (Reference for a preliminary ruling — Freedom to provide services — Article 49 TFEU — Directive 2006/123/EC — Article 15 — Architects’ and engineers’ fees — Fixed minimum tariffs — Direct effect — Judgment establishing a failure to fulfil obligations delivered during proceedings before a national court or tribunal)

14.3.2022   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 119/11
            
         
      Judgment of the Court (Grand Chamber) of 18 January 2022 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Thelen Technopark Berlin GmbH v MN
      (Case C-261/20) (1)
      
      (Reference for a preliminary ruling - Freedom to provide services - Article 49 TFEU - Directive 2006/123/EC - Article 15 - Architects’ and engineers’ fees - Fixed minimum tariffs - Direct effect - Judgment establishing a failure to fulfil obligations delivered during proceedings before a national court or tribunal)
      (2022/C 119/15)
      Language of the case: German
      
         Referring court
      
      Bundesgerichtshof
      
         Parties to the main proceedings
      
      
         Appellant in the appeal on a point of law: Thelen Technopark Berlin GmbH
      
         Respondent in the appeal on a point of law: MN
      
         Operative part of the judgment
      
      EU law must be interpreted as meaning that a national court, when hearing a dispute which is exclusively between private individuals, is not required, solely on the basis of EU law, to disapply a piece of national legislation which, in breach of Article 15(1), (2)(g) and (3) of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market, sets minimum rates for fees for services provided by architects and engineers and which renders invalid agreements derogating from that legislation, without prejudice, however, 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 right of a party which has been harmed as a result of national law not being in conformity with EU law to claim compensation for the ensuing loss or damage sustained by that party.
      
         (1)  OJ C 313, 21.9.2020.