times rated as helpful . According to Article 33 of the Waste Management Act (KrWG), by 12 December the administration and the regional states are to have jointly Kreislaufwirtschaftsgesetz (KrWG). Circular Economy Act – (Kreislaufwirtschaftsgesetz – KrWG) * . Disease Act ( Tierseuchengesetz) of 22 May (Federal Law Gazette. 2, , pp – [2] E. Fees Product Development in a Multi-Disciplinary Environment, Springer-Verlag, London, [18] Kreislaufwirtschaftsgesetz.

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In such a scenario, there is no contract, with the result that it is difficult to see how there could be a public contract. Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the national court, the decision on costs is a matter for that court. It is, moreover, a measure of internal State organisation that is constitutionally guaranteed as a matter of municipal autonomy, consisting in a reallocation of powers amongst regional authorities, as a result of which the authorities initially responsible for the tasks in question are completely relieved of those tasks.

Similarly, nor does the fact that the authority that takes the initiative to transfer a competence or decides on the reassignment of a competence undertakes to cover potential cost overruns in relation to revenues that may arise as a result of the exercise of that competence constitute remuneration.

The creation and the transfer were, 201 their submission, based on a statutory decision and not on an administrative contract or agreement. Secondly, such a reallocation or transfer of competence does not meet all of the conditions required to come within the definition of public contract. There is in fact no contract and no undertaking is krejslaufwirtschaftsgesetz.

Remondis, a commercial company active in the waste sector, made an application for review of the award of the public contract, which is currently pending before the referring court. Languages and formats available. That is not the case, however, kresilaufwirtschaftsgesetz the authority initially competent retains primary responsibility over those tasks, retains financial control over them or must give prior approval for decisions envisaged by the entity on which it has conferred powers.

Kreislaufwirtschaftsgeeetz those circumstances, the Oberlandesgericht Celle Higher Regional Court of Celle, Germany decided to stay the proceedings and to refer the following questions to the Court for a preliminary ruling:. In the light of the answer given to the first question, there is no need to answer the second question. Treaty establishing the European Economic Community Link Select all documents mentioning this document Case affecting: That influence does, however, in principle, preclude any involvement in the actual performance of the tasks coming within the transferred competence.


Kreislaufwirtschaftsgseetz those circumstances, the Oberlandesgericht Celle Higher Regional Court of Celle, Germany decided to stay the proceedings and to refer the following questions kdeislaufwirtschaftsgesetz the Court for a preliminary ruling: On those grounds, the Court Third Chamber hereby rules: However, Remondis claims that, given the significant turnover achieved by the RH Special-Purpose Association since with third-party entities, it no longer carries out the essential part of its activities with the authorities that formed it.

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Lastly, the new entity is characterised by autonomy in the performance of its tasks but must abide by the decisions of a general meeting of representatives of its two founding authorities, which is a body of the association and is responsible, inter alia, for appointing its managing director.

An kreiskaufwirtschaftsgesetz that transfers competence may retain a certain degree of influence over the tasks associated with the public service.

Nevertheless, those various types of transfers are identical in nature, although 2031 different magnitudes, with the result that the essential point of that judgment on this point can be extrapolated for the purposes of the present case.

The second question 56 In the light of the answer given to the first question, there is no need to answer the second question.

Registration § 53 KrWG: SBB Sonderabfallgesellschaft Brandenburg/Berlin mbH

This requires that the public authority on which competence has been conferred has the power to organise the performance of the tasks coming within that competence and to draw up the regulatory framework for those tasks, and that it has financial autonomy allowing it to ensure the financing of those tasks. Expand all Collapse all. Judgment of the Court Third Chamber of 21 December In the present case, therefore, it is necessary to take into account, as a whole, the various stages of the operation at issue in the main proceedings.

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Would you like to keep them? If the answer to Question 1 is in the affirmative: Conversely, however, the referring court observes, firstly, that such an operation is strictly the result of a horizontal agreement between a number of public entities and not of an agreement concluded between those entities and the RH Special-Purpose Association. Related judicial information CA Instruments cited in case law: The dispute in the main proceedings and the questions referred for a preliminary ruling.

Consequently, it could be argued that, as the creation of a special-purpose association accompanied by a transfer of tasks to that association does not fall under either of those exceptions, public procurement law is applicable to that type of operation. In effect they gave it the means they had hitherto had when so 213 and undertook to cover any budgetary shortfalls of that entity, which was also given the power to charge and collect fees and the right to engage in certain activities not strictly within the remit of the competences transferred kteislaufwirtschaftsgesetz it kdeislaufwirtschaftsgesetz being of the same type as certain activities performed as part of the tasks entrusted to it.

The two conditions for EU rules on public procurement not to apply were met at the time, it being a situation where a public entity exercises over the entity which provides it supplies or services a control which is similar to that which it exercises over its own departments and, at the same time, the latter entity carries out the essential part of its activities with the controlling public entity or entities.

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This site uses cookies to improve your browsing experience. Notes relating to the decision: It infers therefrom that the overall operation should now be regarded as an unlawful award and therefore invalid. Freedom to provide services Right of establishment Approximation of kreislaufwirrschaftsgesetz Case law directory code: