Concession agreement
In Germany, a concession agreement is a contractual relationship that exists between local authorities and supply companies . Contracts for concessions are concluded with regard to the use of public roads, paths, squares and other traffic areas for the mostly exclusive supply of energy (gas, electricity, district heating , district cooling ) or water at the municipal level. In return for granting the right to manage and forgoing its own provision of public services, the municipality receives the concession fee , which represents the equivalent of the burden on public areas due to the economic activity by third parties.
They usually contain the following clauses:
- Right of way clause (right of the supplier to use municipal public roads, paths and squares)
- Waiver clause (the municipality waives the provision of public services)
- Contracting clause (obligation of the supplier to supply all users of the municipality)
- Cost sharing clause (regulations on cost allocation and cost sharing in the event that lines have to be relocated)
- Concession fee clause (calculation and payment modalities of the concession fee)
- Endschaftsregulations (regulations on the continuation or replacement of the right of way at a certain value)
The concession contract must be distinguished from the contracts concluded between a utility company and consumers (e.g. electricity supply contract ). The concession agreement is usually concluded under private law , but is of a public law nature in Berlin and Hamburg .
Web links
Individual evidence
literature
- Laurenz Keller-Herder: The concession agreement under the new energy law (= publications by the Institute for Energy Law at the University of Cologne. 149). Nomos, Baden-Baden 2009, ISBN 978-3-8329-4803-0 (also: Berlin, Free University, dissertation, 2007).
- Matthias Ernst Probst: Selection criteria when awarding energy industry concession contracts. An examination of the European, constitutional, energy, cartel and municipal law requirements for municipalities in concession procedures (= series of energy and infrastructure law. 26). CH Beck, Munich 2016, ISBN 978-3-406-69711-1 (also: Berlin, Free University, dissertation, 2016).
