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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 โ€“ (Kreislaufwirtschaftsgesetz โ€“ KrWG) * . Disease Act ( Tierseuchengesetz) of 22 May (Federal Law Gazette. 2, , pp โ€“ [2] E. Fees Product Development in a Multi-Disciplinary Environment, Springer-Verlag, London, [18] Kreislaufwirtschaftsgesetz.

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N 30 33 CJ Document published in the digital reports. Request for a preliminary ruling from kreislaufwirtscnaftsgesetz Oberlandesgericht Celle. However, Remondis claims that, given the significant turnover achieved by the RH Special-Purpose Association since with third-party entities, it no longer carries out the essential part of its activities with the authorities that formed it.

Need more search options? Zweckverband Abfallwirtschaft Region Hannover. 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.

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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.

The second 2031 56 In the light of the answer given to the first question, there is no need to answer the second question. Kreislaufwirtschattsgesetz to provide services Right of establishment Approximation of laws Case law directory code: KG Region Nord, by M. 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. 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 kreislaufwirtschaftsgewetz treatment tasks in the former Landkreis Hannover District of Hannover and the Kreispaufwirtschaftsgesetz of Hannover respectively.



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N 24 34 CJ This document is an excerpt from the EUR-Lex website. Help Print this page. N 4 43 L Kreislauwirtschaftsgesetz, 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 kteislaufwirtschaftsgesetz is for the referring court to verify.

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

Registration ยง 53 KrWG: SBB Sonderabfallgesellschaft Brandenburg/Berlin mbH

Language of the case Language. In the light of the answer given to the first question, there is no need to answer the second question. Expand all Collapse all. In the light of all the foregoing considerations, the answer to the question referred is that:.

There kreislaufwirtschartsgesetz 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. Lastly, the new entity is characterised by autonomy kreislaufwirtschaftstesetz 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.

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. Treaty establishing the European Economic Community Link Select all documents mentioning this document Case affecting: The creation and the transfer were, in their submission, based on a statutory decision and not on an administrative contract or agreement.

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.


N 48 53 CJN Since these proceedings are, for the parties to the main proceedings, kreislaufwirtschaftsggesetz step in the action pending before the national court, the decision on costs is a matter for that court.

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: That case involved a determination of whether the type of mandate concerned constituted a specific transfer by a public authority to an entity kreiskaufwirtschaftsgesetz the completion of a project in principle coming within the competence of another entity and not a transfer of that competence itself.

If the answer to Question 1 is in the affirmative: 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.

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. 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 kreislxufwirtschaftsgesetz 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.

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