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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Court of Justice Country or organisation from which the decision originates: Related judicial information CA Instruments cited in case law: Expand all Collapse all. Help Print this page. It infers therefrom that the overall operation should now be regarded as an unlawful award and therefore invalid. 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.
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. 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.
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.
Kreislaufwirtschaftsgesez, those various types of transfers are identical in nature, although of different magnitudes, with the result that the essential point of that judgment on this point can be extrapolated for the purposes of the present case. The dispute in the main proceedings and the questions referred for a preliminary ruling.
In the light of all mreislaufwirtschaftsgesetz foregoing considerations, the answer to the question referred is that: Secondly, such a reallocation or transfer of competence does not meet all of the conditions required to come within the definition of public contract. Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable.
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N 24 34 Kreislaufwirtshcaftsgesetz N 30 33 CJ KG Region Nord, by M. Languages and formats available. Judgment of the Court Third Chamber of 21 December 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. Bousin, acting as Agents. Kreislaufwitrschaftsgesetz 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.
In such a scenario, there is no contract, with the result that it is difficult ,reislaufwirtschaftsgesetz see how there could be a public contract. Reference for a preliminary rulingReference for a preliminary ruling – decision unnecessary Observations: N 4 43 L 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.
Request for a preliminary ruling from the Oberlandesgericht Celle. The second question 56 In the light of the answer given to the first question, there is no need to answer the second question.
Notes relating to the decision: Fruhmann, acting as Agent. 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 203 common to those authorities and some of them belonging to each of them individually.
N 1 3 34 – 36 55 L 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.
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 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.
Use the Advanced search. Need more search options? 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.
Kreislaufwirtschaftsgesetz : Hans D. Jarass :
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 to the Court for a preliminary ruling: 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.
That influence does, however, in principle, preclude any involvement in the actual performance of the tasks coming within the transferred competence. Nor does autonomy of action mean that an imposed reassignment or voluntary transfer of competence must be irreversible.
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.