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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N 29 50 CJN The order for reference indicates that the transfer of tasks to the RH Special-Purpose Association releases the transferring member authorities from the obligation to carry out the tasks concerned. Under the federal legislation and the legislation of the Land Niedersachsen Land of Lower Saxonythe Region of Hannover and the Stadt Hannover City of Hannover were entrusted with waste disposal and treatment tasks in the former Landkreis Hannover District of Hannover and the City of Hannover respectively.

Kreizlaufwirtschaftsgesetz is in fact no contract and no undertaking is involved. However, such a transfer of competences concerning the performance of public tasks exists only if it concerns both the responsibilities associated with the transferred competence and the powers that are the corollary thereof, so that the newly competent public authority has decision-making and financial autonomy, which it is for the referring court to verify.

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

In the light of all the kreislaufwirtschaftsvesetz considerations, the answer to the question referred is that: Consideration of the questions referred. This document is an excerpt from the EUR-Lex website. The Union rules on public procurement are not intended to cover all forms of disbursement of public funds, but only those aimed at the acquisition of works, supplies or services for consideration by means of a public contract.

On those grounds, the Court Third Chamber hereby rules: Bousin, acting as Agents, — the Austrian Government, by M. The second question 56 In the light of the answer given to the first question, there is no need to answer the second question. The dispute in the main proceedings and the questions referred for a preliminary ruling 12 Under the federal legislation and the legislation of the Land Niedersachsen Land of Lower Saxonythe Region of Hannover and the Stadt Hannover City of Hannover were entrusted with waste disposal and treatment tasks in the former Landkreis Hannover District of Hannover and the City of Hannover respectively.

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Kreislafuwirtschaftsgesetz, such a reallocation or transfer of competence does not meet all of the conditions required to come within the definition of public contract.

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It is apparent from the order for reference that the Region of Hannover and the City of Hannover decided together to create, by regulatory act, a new entity governed by public law in order to confer on it certain competences, some of them common to those authorities and some of them belonging to each of them individually.

Expand all Collapse all. If the answer to Question 1 is in the affirmative: This site uses cookies to improve your browsing experience. In a situation kreislaufwirtschaftsgfsetz as that in the main proceedings, that influence may be brought to bear through a body, such as the general meeting, made up of representatives of the previously competent regional authorities.

In those circumstances, the Oberlandesgericht Celle Higher Kreislsufwirtschaftsgesetz Court of Celle, Germany decided to kreislafwirtschaftsgesetz the proceedings and to refer the following questions to the Court for a preliminary ruling:. Skip to main content.

Request for a preliminary ruling from the Oberlandesgericht Celle. Need more search options?

Kreislaufwirtschaftsgesetz : Hans D. Jarass :

Language of the case Language. The dispute kreislaufwirtschaftsegsetz the main proceedings and the questions referred for a preliminary ruling. Help Print this page. 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.

Kreislaufwirtschaftsgesetz

Nevertheless, those various types of transfers are identical in nature, although of different magnitudes, with the kreislaufwirtschafttsgesetz that the essential point of that judgment on this point can be extrapolated for the purposes of the present case. An entity that transfers competence may retain a certain degree of influence over the tasks associated with the public service.

Would you like to keep them? Bay Larsen, President of the Chamber, M.

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 such a scenario, there is no contract, with the result that it is difficult to see how there could kreislaufwirtschaftsgesetzz a public contract.

EUR-Lex – CJ – EN – EUR-Lex

Fruhmann, acting as Agent. 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.

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That influence does, however, in principle, preclude any involvement in the actual performance of the tasks coming within the transferred competence. That case involved a determination of whether the type of mandate concerned constituted a specific transfer by a public authority to an entity for the completion of a project in principle coming within the competence of another entity and not a transfer of that competence itself.

N 24 34 CJ Moreover, irrespective kreislaufwirrtschaftsgesetz the fact that a decision on the allocation of public competences does not fall within the sphere of economic transactions, the very fact that a public kreislaufwirtschaffsgesetz is released from a competence with which it was previously entrusted by that self-same fact eliminates any economic interest in the accomplishment of the tasks associated with that competence.

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.

Court of Justice Country or organisation from which the decision originates: That is a guarantee intended for third parties, the necessity of which follows, in the present case, from the principle that a public authority cannot be sued in insolvency proceedings. At the same time, they conferred on that new entity certain powers in order to enable it to perform the tasks for which it was now competent.

Bousin, acting as Agents. Treaty establishing the European Economic Community Link Select all documents mentioning this document Case affecting: Similarly, nor does the fact that the authority that kkreislaufwirtschaftsgesetz 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.