- The granting of a right to use a common good ( public good or common good ) by the competent state or municipal authority , e.g. B. the granting of a mining right for a raw material or a broadcasting license for a certain radio frequency. In many cases, a concession fee or possibly also a concession fee is paid by the concessionaire to the transferor (e.g. of the property) in return . This is intended to provide a kind of compensation for its restrictions (e.g. through restricted use).
- The official license to operate a company. If it is tied to the person of the entrepreneur, it becomes a personnel concession, if it is tied to a specific permanent establishment, it is called a real concession .
- The transfer of a state or municipal task to persons under private law, e.g. B. the " service concession " for the fulfillment of disposal contracts.
- Authorization to carry out an activity that is actually reserved for a person under public law ( loan ).
- The granting of the right to carry out a certain measure and, in particular, to expropriate . In this way, large infrastructure projects were made possible in the 19th century, especially railways . Today there is no longer any legal basis for this in Germany. The same goal is achieved today through a plan approval . In Switzerland, the railway and cable car concessions still include an expropriation right of the entrepreneur or developer himself. As of the beginning of 2010, the expropriation law in the Railway Act was revised; A public interest in the construction of the railway is assumed.
Businesses in Germany that require a license
The number of licensed, i.e. licensed trades has decreased in the last few decades as part of liberalization . In the case of many trades, however, the state wants supervision from e.g. B. reserved for health or regulatory reasons. Among other things, in to the trade regulations several trades are named that require special approval.
The following is a list of trades requiring a license without claiming to be exhaustive:
- Operation of a restaurant and the serving of alcoholic beverages require a restaurant license according to the Catering Act
- Operation of a brothel
- Operation of a casino or a lottery , GewO
- Operation of a transport line (e.g. bus line) by a transport company
- Implementation of rescue services
- Operation of a private hospital , GewO
- a craft business that is allowed to work on gas and water pipe networks,
- Guarding trade , GewO with Guarding Ordinance ,
- Real estate agents, loan brokers, property developers and managers, GewO
- Insurance broker GewO
- Financial investment broker GewO
- Fee-based advisor GewO
- Production of alcohol by distillation (see: Customs law )
- Taxi companies are subject to extensive regulations and a. according to PBefG
- Trade in weapons and ammunition, etc. a. according to the Weapons Act and the Act on the Control of War Weapons ,
- Forms of dealing with vertebrates such as breeding, trading, shows, riding or driving, dog training for others or control as a pest.
If the license holder is unreliable, the license must regularly be denied or subsequently revoked; the exercise of the trade is prohibited.
- E.g. for railways, s. the General Railway Act
- Art. 3 Railway Act and Art. 7 Cable Car Act
- § 11 para. 1 sentence 1 no. 8 Animal Welfare Act . To assess a breed as subject to approval depending on the species (e.g. dogs from three litters or reptiles from 100 young animals per year) see section. 184.108.40.206.1. the general administrative regulation for the implementation of the Animal Welfare Act
- § 25a PBefG GewO,