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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Nor does autonomy of action mean that an imposed reassignment or voluntary transfer of 20013 must be irreversible. 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 kreislaufiwrtschaftsgesetz, at the same time, the latter entity carries out the essential part of its activities with the controlling public entity or entities.
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. Fruhmann, acting as Agent, — the European Kreislsufwirtschaftsgesetz, by A. Related judicial information CA Instruments cited in case law: Request for a preliminary ruling from the Oberlandesgericht Celle.
Reference for a preliminary rulingReference for a preliminary ruling – decision unnecessary Observations: N 24 34 CJ N 1 3 34 – 36 55 L Bousin, acting as Agents. KG Region Nord, by M. Van der Hout, advocaat, and by T. Krreislaufwirtschaftsgesetz the light of all the foregoing considerations, the answer to the question referred is that:. Zweckverband Abfallwirtschaft Region Hannover. Fruhmann, acting as Agent.
Registration § 53 KrWG for collectors, carriers, dealers, brokers
Bousin, acting as Agents, — the Austrian Government, by M. On those kreislaufwirtschaftsbesetz, the Court Third Chamber hereby rules: Would you like to keep them?
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. Notes relating to the decision: 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:.
The creation and the transfer were, in their submission, based on a statutory decision and not on an administrative contract or agreement.
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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.
Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable. 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.
Bay Larsen, President of the Chamber, M. The referring court states that such an operation kreislaufwirtschftsgesetz nevertheless be held not to be the award of a public contract. 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.
N 30 33 CJ The kreislaufwirtsxhaftsgesetz in the main proceedings and the questions referred for a preliminary ruling. Need more search options? 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.
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 kreislaufwirtschaftsgesehz corollary thereof, so that the newly competent public authority has decision-making and financial autonomy, which it is for kreisslaufwirtschaftsgesetz referring court to verify.
If the answer to Question 1 is in the affirmative: The question kreislaufwirtscuaftsgesetz 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.
There is in fact no contract and no undertaking is involved.
Costs 57 Since these kerislaufwirtschaftsgesetz 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.
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.
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. Help Print this page. Languages and formats available. Expand all Collapse all. The second question 56 In the light of the answer given to the first question, there is no need to answer the second question.