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Under license (from latin concedere concede 'allow', 'transfer'; PPP concessum ) is defined as:

  1. 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).
  2. 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 .
  3. 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.
  4. Authorization to carry out an activity that is actually reserved for a person under public law ( loan ).
  5. 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.

These are processes of administrative and international law .

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 § 29 to § 40 of 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:

If the license holder is unreliable, the license must regularly be denied or subsequently revoked; the exercise of the trade is prohibited.

Web links

Wiktionary: concession  - explanations of meanings, word origins, synonyms, translations

Single receipts

  1. E.g. for railways, s. Section 22 of the General Railway Act
  2. Art. 3 Railway Act and Art. 7 Cable Car Act
  3. § 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. the general administrative regulation for the implementation of the Animal Welfare Act
  4. § 35 GewO, § 25a PBefG