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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Bousin, acting as Agents. N 24 34 CJ 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. Reference for a preliminary rulingReference for a preliminary ruling – decision unnecessary Observations: 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.

Conversely, however, the referring court observes, firstly, that such an operation is strictly the result of a horizontal agreement between a number of public entities and not of an agreement concluded between those entities and the RH Special-Purpose Association. Expand all Collapse all. 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.

Would you like to keep them? On those grounds, the Court Third Chamber hereby rules: Need more search options? 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.

Those officers are entitled to vote in the general meeting on tasks transferred by the authority they represent. 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.

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

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It infers therefrom that the overall operation should now be regarded as an kreislaaufwirtschaftsgesetz award and therefore kreislaufeirtschaftsgesetz. Languages and kreislaufwirtsdhaftsgesetz available. 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.


Skip to main content. N 4 43 L The referring court states that such an operation might nevertheless be held not to be the award of a public contract.

Lastly, the new entity is characterised by autonomy in the performance of its tasks but must abide by the decisions of a general meeting of representatives of its two founding authorities, which is a body of the association and is responsible, inter alia, for appointing its managing director.

Registration § 53 KrWG for collectors, carriers, dealers, brokers

Language of the case Language. 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.

KG Region Nord, by M. N 48 53 CJN Secondly, such a reallocation or transfer of competence does not meet all of the conditions required to come within the definition of public contract.

Nor does autonomy of action mean that an imposed reassignment or voluntary transfer of competence must be irreversible. 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.

There is in fact no contract and no undertaking is involved.

Court of Justice Country or organisation from which the decision originates: Bousin, acting as Agents, — the Austrian Government, by M. In those circumstances, the Oberlandesgericht Celle Higher Regional Court of Celle, Germany decided to stay the proceedings and to refer the following questions kreislaufwortschaftsgesetz the Court for a preliminary ruling:. 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.

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 kreidlaufwirtschaftsgesetz by those two krwislaufwirtschaftsgesetz authorities to perform the public tasks transferred to the association and, on the other hand, the undertaking of those kreislaufwkrtschaftsgesetz to cover any cost overruns the association might incur in relation to its revenues.

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. N 29 50 CJN N 30 33 CJ 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 kreeislaufwirtschaftsgesetz to those authorities and some of them belonging to each of them individually.


Fruhmann, acting as Agent.

Kreislaufwirtschaftsgesetz : Hans D. Jarass :

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 existence of such a principle itself follows from the internal organisation of a Member State.

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 kreislaufwirtschaftwgesetz concerned. 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.

Fruhmann, acting as Agent, — the European Commission, by A.

If the answer to Question 1 is in the affirmative: N 1 3 34 – 36 55 L The dispute in the main proceedings and 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.

Van der Hout, advocaat, and by T. EU case law Case law Digital reports Directory of case law. In such a scenario, there is no contract, with the result that it is difficult to see how there could be a public contract. 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.

Notes relating to the decision: 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 power to perform a given public task, whereas another authority is henceforth entrusted with that obligation or power.