(Reference for a preliminary ruling– Freedom to provide services– Article49 TFEU– Directive 2006/123

6Architects’ and engineers’ rates are governed by the Verordnung über die Honorare für Architekten- und Ingenieurleistungen (Honorarordnung für Architekten und Ingenieure– HOAI) (Decree on fees for services provided by architects and engineers (Official scale of fees for services provided by architects and engineers– HOAI)) of 10July 2013 (BGBl.2013I, p.2276) (‘the HOAI’).

7Paragraph1 of the HOAI is worded as follows:

‘This decree governs the calculation of fees for the basic services of architects and engineers (acting as agents) established in Germany, provided that those basic services are covered by this decree and are provided from Germany.’

8Paragraph7(1), (3) and (5) of that piece of legislation provides:

‘1.Fees shall be based on the written agreement adopted by the contracting parties when the agency contract was awarded and shall fall within the minimum and maximum rates set by this decree.

…

3.The minimum rates set in this decree may be reduced in exceptional cases, subject to written agreement.

…

5.In the absence of a written agreement to the contrary executed at the time when the agency contract was awarded, it shall be irrefutably presumed that minimum rates have been agreed in accordance with the provisions of subparagraph1.

…’