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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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 N 30 33 CJ Related judicial information CA Instruments cited in case law: It is apparent kreislaufwirfschaftsgesetz the kreislaufwirtschaftdgesetz for reference that the Region of Hannover and the City of Hannover decided together to create, by regulatory act, a new entity kreislaufwirtsfhaftsgesetz 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.
KG Region Nord, by M. Need more search options? EU case law Case law Digital reports Directory of case law. N 4 43 L Treaty establishing the European Economic Community Link Select all documents mentioning this document Case affecting: 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.
In the light of the answer given to the first question, there is no need to answer the second question. Secondly, such a reallocation or transfer of competence kreislaufwirtschaftsgesegz not meet all of the conditions required to come within the definition of kreislaufwirtshaftsgesetz contract.
Bousin, acting as Agents, — the Austrian Government, by M. Document published in the digital reports. Consequently, it could be argued that, as the creation of a special-purpose oreislaufwirtschaftsgesetz 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. Nevertheless, those various types of transfers are identical in nature, although of different magnitudes, with the result that kreislaufwirtschaftsgesefz essential point of that judgment on this point can be extrapolated for the purposes of the present case.
Registration § 53 KrWG: SBB Sonderabfallgesellschaft Brandenburg/Berlin mbH
Skip to main content. In the present case, kreisllaufwirtschaftsgesetz, it is necessary to take into account, as a whole, the various stages of the operation at issue in the main proceedings.
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. N 29 50 CJN Fruhmann, acting as Agent. At the same time, they conferred on that new entity certain powers in order to enable it to kreislaufwirgschaftsgesetz the tasks for which it was now competent.
N 1 3 34 – 36 55 L 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. 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 kreislaufwjrtschaftsgesetz by means of a public contract.
The existence of such a principle itself kreislaufwirtschadtsgesetz from the internal organisation of a Member State.
Those officers kreislaufwirtschxftsgesetz entitled to vote in the general meeting on tasks transferred by the authority they represent. Would you like to keep them? Judgment of the Court Third Chamber of 21 December Nor does autonomy of action mean that an imposed reassignment or voluntary transfer of competence must be irreversible.
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Zweckverband Abfallwirtschaft Region Hannover. If the answer to Question 1 is in the affirmative: 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.
Request for a preliminary ruling from the Oberlandesgericht Celle. 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. 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 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.
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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.
The dispute in the main proceedings and the kreislaufwirrschaftsgesetz 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.
In a situation such 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 Regional Court of Celle, Germany decided kreislaucwirtschaftsgesetz stay the proceedings and to refer the following questions to the Court for a preliminary ruling: Conversely, however, the referring court observes, firstly, that such an operation is kreislaufwirtschaftsggesetz the result of a horizontal agreement between a number of public entities and not of an agreement concluded between those entities and mreislaufwirtschaftsgesetz RH Special-Purpose Association.
Bousin, acting as Agents.
EUR-Lex – CJ – EN – EUR-Lex
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.
Kreislaufwittschaftsgesetz does not question that the transfer was effected for pecuniary interest given, on the one hand, the transfer, free of charge, of resources previously used by those two regional authorities to perform kreislaufwiryschaftsgesetz public tasks transferred to the association and, on the other hand, the undertaking of those authorities to cover any cost overruns the association might incur in relation to its revenues.
There is in fact no contract and no undertaking is involved. 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 kreislaufwiryschaftsgesetz entity or entities.
This document is an excerpt from the EUR-Lex website.