Infringement procedure against Austrian professional law for Chartered Engineers

Austrian legislation currently imposes a number of requirements on regulated professions:

  • Seat requirements for architects, engineers and patent attorneys;
  • Legal form and excessive shareholding requirements for architects, engineers, patent attorneys and veterinarians;
  • Restrictions on multidisciplinary companies for architects, engineers and patent attorneys.

The Commission holds the view that these requirements create unjustified obstacles to the provision of services by these professions and run counter to the freedom to provide services (Articles 49 and 56 of Treaty on the Functioning of the EU, TFEU) and to the Services Directive (Articles 14, 15 and 25 of Directive 2006/123/EC).

The Austrian legislative proposal for a new law for architects and chartered engineering consultants, that tries to take into account the view of the European Commission wherever possible without completely giving up the concept of an independent chartered engineering profession, was already transmitted to the EC already earlier this year. It did not prevent the EC decision.

So  in addition to the case against the German HOAI there is now another case before the Court of Justice that is extremely important in regard to the future of the Engineering profession.


Infringement procedures over missing transpositions of Procurement Directives

Additionally, the European Commission has announced to take Austria, Luxembourg, Slovenia and Spain to the Court of Justice of the EU over the failure to notify complete transposition of EU rules on public procurement and concessions (Directives 2014/23/EU, 2014/24/EU, 2014/25/EU) into national law.

For further information please contact the ECEC Secretariat.