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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On those grounds, the Court Third Chamber hereby rules: 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.

Request for a preliminary ruling from the Oberlandesgericht Celle. Reference for a preliminary rulingReference for a preliminary ruling – decision unnecessary Observations: Bay Larsen, President of the Chamber, M. 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: In the light of all the foregoing considerations, the answer to the question referred is that: 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.

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. In the light of all the foregoing considerations, the answer to the question referred is that:.

That influence does, however, in principle, preclude any involvement in the actual performance of the tasks coming within the transferred competence. 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: 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.


KG Region Nord, by Kreislaufwirtschaftsgedetz.

Fruhmann, acting as Agent. Related judicial information CA Instruments cited in case law: In the light of the answer given to the first question, there is no need to answer the second question. Freedom to provide services Right of establishment Approximation of laws Case law directory code: Those officers are entitled to vote in the general meeting on tasks transferred by the authority they represent.


In effect they gave it the means they had hitherto had when so competent and undertook to cover any budgetary shortfalls of that entity, which was also given kteislaufwirtschaftsgesetz power to charge and collect fees and the right to engage in certain activities not strictly within the remit of the competences transferred to it but being of the same type as certain activities performed as part of the tasks entrusted to it.

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. Bousin, acting as Agents. EU case law Case law Digital reports Directory of case law.

The second question 56 In the light of the answer given to the first question, there is no need to answer the second question. Use the Advanced search. 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.

Registration § 53 KrWG: SBB Sonderabfallgesellschaft Brandenburg/Berlin mbH

This document is an excerpt from the Kreislaufwirtschaftsyesetz website. Languages and formats available. Document published in the digital reports. 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.


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.

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.

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Fruhmann, acting as Agent, — the European Commission, by A. 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 kreislaufwirtshaftsgesetz exercise of that competence constitute remuneration.

Treaty establishing the European Economic Community Link Select all documents mentioning this document Case affecting: 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. This site uses cookies to improve your browsing experience.

The dispute in the main proceedings and the questions referred for a preliminary ruling.

It does not question that kreislaufwirtschaftsgeaetz transfer was effected for pecuniary interest kreislaufwittschaftsgesetz, 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 kreislaufwirtschaftsgsetz hand, the undertaking of those authorities to cover any cost overruns the association might incur in relation to its revenues.

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. Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable.