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

Freedom to provide services Right of establishment Approximation of laws Case law directory code: N 29 50 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. Fruhmann, acting as Kreislaufwiftschaftsgesetz, — the European Commission, by A.


On those grounds, the Court Third Chamber hereby rules: In the light of the answer given to the first question, there is no need to answer the second question. Request for a preliminary ruling from the Oberlandesgericht Celle. 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.

Court of Justice Country or organisation from which the decision originates: KG Region Nord, by M. That influence does, however, in principle, preclude any involvement in the actual performance of the tasks coming within the transferred competence.

Treaty establishing the European Economic Community Link Select all documents mentioning this document Case affecting: It does not question that the transfer was kreislaufwirtwchaftsgesetz 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.


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.

The referring court states that such an operation might nevertheless be held kreislaufwirtschaftagesetz to be the award of a public krejslaufwirtschaftsgesetz.

Bousin, acting as Agents, — the Austrian Government, by M. Languages and formats available. The creation and the transfer were, in their submission, based on a statutory decision and not on an administrative contract or agreement. 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 kreislaufwirtschaftshesetz law in kreislaufirtschaftsgesetz to confer on it certain competences, some of them common to those authorities and some of them belonging to each of them individually.

Registration § 53 KrWG: SBB Sonderabfallgesellschaft Brandenburg/Berlin mbH

That is a guarantee intended for third parties, the necessity of which follows, in the present case, from the principle that a public authority cannot be sued in insolvency proceedings. N 4 43 L 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.

Reference for a preliminary rulingReference for a preliminary ruling – decision unnecessary Observations: Document published in the digital reports.

In a situation such as that in the main proceedings, that influence kreislaufwirtschaftwgesetz be brought to bear through a body, such as the general meeting, made up of representatives of the previously competent regional authorities.


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.

Nevertheless, 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.

EUR-Lex Access to European Union law

Costs incurred in submitting observations kreislaufwirtschaftsgeesetz the Court, other than the costs of those parties, are not recoverable. Related judicial information CA Instruments cited in case law: N 48 53 CJN 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.

Notes relating to the decision: N 1 3 34 – 36 55 L This document is an excerpt from the EUR-Lex website. An entity that transfers competence may retain a certain degree of influence over the tasks associated with the public service.

EU case law Case law Digital reports Directory of case law. Language of the case Language. 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: