Appropriateness of Fees for Construction Planning Services of Architects and Civil Engineers as a Question of Morality

摘要

In 2019, the Court of Justice of the European Union made a decision about the noncompliance of fixed minimum and maximum fees for construction planning services of architects and civil engineers in Germany with the European Directive 2006/123/EC. Appropriateness of fees was one of the discussion points in the proceedings. Appropriateness of fees is not only a legal but also a moral question and must be seen in relation to professional ethics of architects and engineers. With regard to the court's verdict, the German legislature is obliged to revise the fee regulations for construction planning services of architects and civil engineers. In this context, stakeholders discuss the implementation of a clause referring to the appropriateness of fees. The authors analyze the European Court's verdict and discuss the expected revision of the German fee system for construction planning services of architects and civil engineers. They discuss the ideas for a new tariff structure in compliance with European law and evaluate the idea to implement a clause referring to the appropriateness of fees. Furthermore, the paper shows that adequate tariffs are not only a legal but also a moral question in the working life of architects and civil engineers. The conclusion is that it would be useful to include such requirements because of consumer safety reasons and to secure service quality, but also in the interest of all engineers and architects.