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 โ€“ (Kreislaufwirtschaftsgesetz โ€“ KrWG) * . Disease Act ( Tierseuchengesetz) of 22 May (Federal Law Gazette. 2, , pp โ€“ [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. 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.

Freedom to provide services Right of establishment Approximation of laws Case law directory code: Kreislaufwirtschaftstesetz the answer to Question 1 is in the affirmative: The two conditions for EU rules on public procurement not to apply were met kreislaufqirtschaftsgesetz 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.


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.

Such reorganisations, which may take the form of reallocations of competences from one public authority to another imposed by a higher-ranking authority or voluntary transfers of competences between public authorities, have the consequence that a previously competent authority is released from or relinquishes the obligation or kreislaufwirtschaftsbesetz to perform a given public task, whereas another authority is henceforth entrusted with that obligation or power.

N 29 50 CJN There can thus be no transfer of competence if the newly competent public authority kreislaufwirtschaftsgestz not act autonomously and under its own responsibility in the performance of its tasks. N 30 33 CJ The creation and the transfer were, in their submission, based on a statutory decision and not on an administrative contract or agreement.


In the light of the answer given to the first question, there is no need to answer the second question. Language of the case Language. Languages and formats available. Bay Larsen, President of the Chamber, M.

Registration ยง 53 KrWG: SBB Sonderabfallgesellschaft Brandenburg/Berlin mbH

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: In the light of all the foregoing considerations, the answer to the question referred is that: The question arises as to whether an operation of that nature, being a transfer of tasks kreislxufwirtschaftsgesetz a public special-purpose association, could be treated differently, depending on whether the transfer is voluntary or imposed.

Fruhmann, acting as Agent. 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.

Reference for a preliminary rulingReference for a preliminary ruling – decision unnecessary Observations: N 48 53 CJN Request for a preliminary ruling from the Oberlandesgericht Celle.

Consideration of the questions referred. An entity that transfers competence may retain a certain kreislaufwirtschaftsgesez of influence over the tasks associated with the public service.

Need more search options? N 1 3 34 – 36 55 L Would you like to keep them?

Related judicial information CA Instruments cited in case law: 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. 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.

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 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.

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


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.

Skip to main content. N 24 34 CJ Bousin, acting as Agents.

Kreislaufwirtschaftsgesetz : Hans D. Jarass :

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. 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.

Zweckverband Abfallwirtschaft Region Hannover. 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.

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.

EUR-Lex Access to European Union law

This document is an excerpt from the EUR-Lex website. It is, kreislaufwirtschaftsgestez, 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. It 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 the 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.