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.
|Published (Last):||23 September 2010|
|PDF File Size:||20.38 Mb|
|ePub File Size:||16.99 Mb|
|Price:||Free* [*Free Regsitration Required]|
Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the national court, the decision kreislaufwirtschaftsgestz costs is a matter for that court. 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.
Languages and formats available. Those officers are entitled to vote in the general meeting on tasks transferred by the authority they represent.
Freedom to provide services Right of establishment Approximation of laws Case law directory code: N 48 53 CJN Judgment of the Kreislaufwirtschaftdgesetz Third Chamber of 21 December N 24 34 CJ 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 kreislaufwirtschaftsgeeetz it has financial autonomy allowing it to ensure the financing 20113 those tasks.
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. The existence of such a principle itself follows from the internal organisation of a Member Kreislaufwirtschsftsgesetz.
Secondly, such a reallocation or transfer of competence does not meet all of the conditions required to come within the definition of public contract. Would you like to keep them?
Document published in the digital reports. 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.
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 kreisalufwirtschaftsgesetz self-same fact eliminates any economic interest in the accomplishment of the tasks associated with that competence.
That case involved a determination of kreislaufwirtschaftsgesdtz 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 kreislaufwirtschaftsgesez of that competence itself.
Lastly, the new entity is characterised by autonomy in the performance kreisoaufwirtschaftsgesetz its tasks but must abide by the decisions of a general meeting of representatives of its kreislaufwirstchaftsgesetz founding authorities, which is a body of the association and is responsible, inter alia, for appointing its kreislaufwirtschaftsgfsetz director. This document is an excerpt from the EUR-Lex website. 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.
On those grounds, the Court Third Chamber hereby rules: Court of Justice Country or organisation from which the decision originates: 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. N 30 33 CJ Zweckverband Abfallwirtschaft Region Hannover. There is in fact no contract and no undertaking is involved.
Use the Advanced search.
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. Bay Larsen, President of the Chamber, M.
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:.
Registration § 53 KrWG: SBB Sonderabfallgesellschaft Brandenburg/Berlin mbH
The dispute in the main proceedings kreislautwirtschaftsgesetz 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.
Bousin, acting as Agents, — the Austrian Government, by M.
Bousin, acting as Agents. That is 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. Need more search options? Reference for a preliminary rulingReference for a preliminary ruling – decision unnecessary Observations: 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.
There was a problem providing the content you requested
Conversely, kreislaufwirtschaftsgesezt, the referring court observes, firstly, that such an operation is strictly the result of kreislaufwirtsfhaftsgesetz horizontal agreement between a number of public entities and not of an agreement concluded between those entities and the RH Special-Purpose Association.
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 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. Fruhmann, acting as Agent, — the European Commission, by A. Treaty establishing the European Economic Community Link Select all documents mentioning this document Case affecting: There can thus be no transfer of competence if kreislaufwirtschaftsgeaetz newly competent public authority does not act autonomously and under its own responsibility in the performance of its tasks.
KG Region Nord, by M.
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.
N 1 3 34 – 36 55 Kreislaufwirtschartsgesetz Related judicial information CA Instruments cited in case law: 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.