operator
The operator is an economic entity who, taking into account the legal, economic and factual circumstances, exercises decisive influence on the nature and operation of an economic object.
General
Natural ( private individuals ) or legal persons ( companies , other associations of persons or the state with its authorities ) can be considered as economic subjects . The legal term “ operator” cannot be precisely separated from the owner , owner or entrepreneur ; in some cases its function is identical to the legal position of an owner ; he can also act as a guardian of foreign interests by order . What they all have in common is that they can exercise legal, economic and actual influence on an economic object. Technical facilities , certain types of business , a trade or even a website come into question as economic objects. Operators must act on the basis of a legal or contractual obligation, which ensures that the economic objects can be operated safely and operational hazards are excluded.
Legal issues
The term operator is determined very differently in law , case law and specialist literature , a uniform definition has not emerged. The difficulty is in particular that the term includes both features of a duty to act and a state duty indwell, wherein the state duty legal and actual physical control together. Overall, the operator exercises real property control without any responsibility for action.
According to § 1 No. 2 BSI-KritisV, the operator is a natural or legal person who, taking into account the legal, economic and factual circumstances, exercises decisive influence on the quality and operation of a system or parts thereof. According to Section 8a (1) of the BSI Act , operators of critical infrastructures are obliged to take appropriate organizational and technical precautions to avoid disruptions to the availability, integrity, authenticity and confidentiality of their information technology systems, components or processes that are necessary for the functionality of those they operate critical infrastructures.
The legal term operator is particularly common in energy law . It is mentioned in the Energy Industry Act (EnWG; § 3 EnWG), the Gas Network Access Ordinance (GasNZV; § 2 GasNZV); The Renewable Energy Sources Act (EEG) defines in Section 3 No. 2 EEG under the system operator whoever uses the system for the generation of electricity from renewable energies or from mine gas , regardless of ownership . The operator is also of great importance in telecommunications ( Section 3 No. 4a TKG ) or in immission control ( Section 3 Section 5a BImSchG ). In Section 3 No. 7 GenTG , the operator is described as a legal or natural person or an association of persons with no legal capacity who builds or operates a genetic engineering facility , carries out genetic engineering work or releases, or products that contain or produce genetically modified organisms under their name such exist, first put on the market. This legal definition determines the term essentially with itself ("operator ... or operates").
According to § 38 VStättV, the operator is responsible for the safety of a meeting and compliance with the regulations. In doing so, he must have the meeting place and its technical systems and equipment checked by recognized experts ( Section 37 VStättVO). As airport operator companies whose are operating purposes in the management of airports there. The GEFMA defines the operator in the context of facility management as the property owner or who operates a building with building technology systems or acts as an employer and as such provides workplaces and work equipment . As investment service companies are in accordance with § 2 para. 8 no. 2 WpHG not exchange carrier or operator of organized markets , in addition to the operation of a multilateral trading system provide any other investment services.
The VGH Baden-Württemberg ruled operationally in December 1987, because "the operator is whoever has the actual or legal possibility to make the necessary decisions with regard to the safety of the system."
species
The operators of restaurants in Germany are called innkeepers or restaurateurs . A restaurant business is operated by anyone who in the standing business provides drinks for consumption on the spot ( bar ) or prepares food for consumption on the spot ( food industry ; Section 1 (1) GastG ). An operator property includes such land together with buildings and equipment whose use requires an operator. In the real estate industry , operator models are construction projects in which a private-sector company is assigned almost all of the fulfillment of a public task as part of the public-private partnership through the award of a concession . The operator is the owner or lessor of an event location or has been entrusted in writing by the owner or lessor with the task of the event. Network operators are network or system operator as defined in § 3 Nr. 27 Energy Act and include the operator according to § 3 Nos. 2 to 7 and 10 EnWG (operator of electricity supply networks , electricity distribution systems , power systems , transmission systems , gas supply systems , gas distribution systems and transmission systems ). Most of the rail network operator in Germany is DB Netz AG . Buildings and garages , parking lots , playgrounds and sports fields or schoolyards can also be operated . The operator of a website is understood to be the person responsible for its content , who offers and makes this content available and must be named in the imprint .
tasks
The operation includes the construction , production / service or fulfillment of another purpose ( use ), management , maintenance and servicing . The operator can perform these tasks in his legal status as owner , tenant , leaseholder , concessionaire or parent company . In the case of technical systems, the operator assumes strict liability regardless of his fault .
Web links / literature
- Literature about operators in the catalog of the German National Library
See also
Individual evidence
- ↑ Hartmut Hardt, Legal Security for Operators of Drinking Water Systems , 2018, p. 4
- ↑ Hartmut Hardt, Legal Security for Operators of Drinking Water Systems , 2018, p. 25
- ↑ Oliver Lepsius, possession and property rule in public law , 2002, p. 347
- ↑ Christoph Enders, Compensation Regulations in Immission Control Law , 1996, p. 35
- ↑ Oliver Lepsius, possession and property rule in public law , 2002, p. 350
- ↑ GEFMA guideline 190, as of September 2014, p. 2
- ↑ VGH Baden-Württemberg, judgment of December 15, 1987, Az .: 10 S 240/86 = DVBl 1988, 542
- ↑ Martin Hortig, Event Management , 2008, p. 6
- ↑ a b Oliver Lepsius, possession and property rule in public law , 2002, p. 348
- ↑ Thomas Hoeren / Viola Bensinger (eds.), Liability on the Internet , 2014, p. 294
- ↑ Oliver Lepsius, possession and property rule in public law , 2002, p. 349
