Coupling ban
The coupling ban is a term from contract law that states that in certain areas of law, in particular administrative law , a combination of two contractual services ( coupling contract ) for the protection of a contracting party or the general public is prohibited by law.
Coupling bans are also relevant z. B. in the field of building contracting ( architects' law ), public data protection , competition law , internet law and so-called competitions .
Administrative law
In the case of public law contracts, the counter-performance of the contractual partner must be in connection with the performance of the authority.
“The ban on coupling regulated in § 56 VwVfG is one of the prerequisites of the exchange contract under public law: The consideration must be appropriate to the overall circumstances and be factually related to the contractual performance of the authority. On the one hand, the ban on coupling means that nothing may be linked to one another through a public law contract that is not already in an internal context. On the other hand, it forbids making sovereign decisions dependent on economic considerations without corresponding legal authorization.
[...] It is irrelevant whether the parties involved recognized the inadmissibility of the service or could only recognize it. "
A "sale of sovereign rights " by the administration is to be excluded. Contracts that violate the coupling ban are void.
Architect law
In architects ' law, it denotes the impermissible combination of property acquisition and architect loyalty. With the acquisition of the property, the property buyer undertakes to commission a specific architect or engineer for future planning or construction of a building on the property. The ban on coupling was introduced with the law regulating engineering and architectural services of November 4, 1971 in Art. 10 § 3. The aim of the regulation was to ensure the free development of competition .
Legal sources
- Administrative Procedure Act (VwVfG) Section 56 I 2.
- Federal Data Protection Act (BDSG) Section 28, Paragraph 3b.
literature
- Horst Wüstenbecker: Verwaltungsrecht AT 2. Alpmann and Schmidt, Münster 2006, ISBN 978-3-89476-990-1 , pp. 119, 122, 127.
- Berta Ben-Zie: The antitrust permissibility of tied deals . Chapter 5. Analysis of tied transactions from legal practice. 2008. ISBN 978-3-86815-006-3
