HOAI | Contract in another EU country: Minimum rates of the HOAI not applicable

The provision on the minimum fee in the HOAI (versions up to and including 2020) does not apply to cross-border circumstances between private contractual partners, since the provision interferes with the freedom to provide services in accordance with Article 49 EEC (Article 56 TFEU) in an unjustified manner. The freedom to provide services has direct third-party effects. That was decided by the LG Munich (LG Munich I, judgment of May 4th, 2023, Az. 2 O 25999/09, access no. 235317).