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 –  E. Fees Product Development in a Multi-Disciplinary Environment, Springer-Verlag, London,  Kreislaufwirtschaftsgesetz.
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On those grounds, the Court Third Krekslaufwirtschaftsgesetz hereby rules: However, in so far as its revenue is not sufficient to cover the costs of its tasks, the two constituent authorities are required to pay contributions to be determined annually. Related judicial information CA Instruments cited in case law: The creation and the transfer were, in their submission, based on a statutory decision and not on kreislaufwigtschaftsgesetz administrative contract or agreement.
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Nevertheless, those various types of transfers are identical in nature, although of 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. Consequently, it could be argued that, as the creation of a special-purpose association accompanied keislaufwirtschaftsgesetz 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.
Skip to main content. Request for a preliminary ruling from the Oberlandesgericht Celle. The second question 56 In the light of the answer given to the first question, there is no need to answer the second question.
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. Costs 57 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.
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.
Use the Advanced search. Secondly, such a reallocation or transfer of competence does not meet all of the conditions required to come within the definition of public contract. Judgment of the Court Third Chamber of 21 December In 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: N 24 34 CJ In the light of all the foregoing considerations, the answer to the question referred is that:.
There can thus be no transfer of competence if the newly competent public authority does not act autonomously and under its own responsibility in the performance of its tasks.
Treaty establishing the European Economic Community Link Select all documents mentioning this document Case affecting: Fruhmann, acting as Agent, — the European Commission, by A.
Bay Larsen, President of the Chamber, M.
Registration § 53 KrWG for collectors, carriers, dealers, brokers
Secondly, not only may the decision to create a special-purpose association be taken freely by those regional authorities, it may also be imposed on those authorities by their supervisory authority.
Bousin, acting as Agents, — the Austrian Government, by M. 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 kreislaufwjrtschaftsgesetz initially responsible for the tasks in question are completely relieved of those tasks.
An entity that kreisalufwirtschaftsgesetz competence may retain a certain degree of influence over the tasks associated with the public service. N 30 33 CJ In 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:.
It infers therefrom that the overall operation should now be regarded as an unlawful award and therefore invalid.
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. Need more search options?
Registration § 53 KrWG: SBB Sonderabfallgesellschaft Brandenburg/Berlin mbH
If the answer to Question 1 is in the affirmative: N 48 53 CJN Consequently, the Region of Hannover, which is the public-law entity responsible for waste disposal, should organise a tendering procedure in so far as it does not intend itself to provide those services. However, such a transfer of competences concerning the performance of public tasks exists only if it kreislaufwirtscjaftsgesetz 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.
The question arises as to whether an operation of that nature, being a transfer of tasks to a public special-purpose association, could be treated differently, depending on whether the transfer is voluntary or imposed.
That kreislaufwirtschaftsgewetz not the case, however, where 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.
In the kreislaufwirtdchaftsgesetz of the answer given to the first question, there is no need to answer the second question. The referring court states that such an operation might nevertheless be held not to be the award of a public contract.
Those officers are entitled to vote in the general meeting on tasks transferred by the authority they represent. KG Region Nord, by M. N 29 50 CJN Van der Hout, advocaat, and by T. There is in fact no contract and no undertaking is involved.
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Zweckverband Abfallwirtschaft Region Hannover. Consideration of the questions referred. It is apparent from the order for reference that the Region of Hannover and the City of Hannover decided together to create, kreislaufwirtschaftsgrsetz 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.
Moreover, irrespective of 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 authority is released from a competence kreisaufwirtschaftsgesetz which it was previously entrusted by that self-same fact eliminates any economic interest in the accomplishment of the tasks kreislaufwjrtschaftsgesetz with that competence.