Logo Bayernportal
Home > Procedures

Water concession and water demarcation agreements; registration

Water concession contracts or water demarcation contracts must be registered.

Responsible for you

Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie

Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie

Street address

Prinzregentenstr. 28
80538 München

Postal address

80525 München

Mehr zur Behörde

Procedure details

Supply industry agreements pursuant to Section 31 (1) nos. 1, 2 and 4 ARC, which regulate the public supply of water, as well as amendments and supplements thereto, must be notified to the antitrust authority in order to be effective. The notification criteria specified in Section 31a (1) GWB must be observed.

Contracts must be notified separately. Notification by one of the contracting parties is sufficient. A notification form is not required.

The notification must contain the following information

  • the names and addresses of the contracting parties
  • the contract date
  • the content of the contract, but at least
    • the exclusivity agreements contained in the contract or other agreements of the type specified in Section 31, 31a ARC,
    • all agreements relating to the term of the contract, in particular the start and end of the contract, any contract extensions and notice periods, and; ,
  • Contractual partner and contract date of the contract replaced by the notified contract

Components of the contract that are significant under antitrust law (including site plans, area maps, etc.) must be attached.

Since the specific text of the contract is decisive for the assessment under antitrust law, this must be evident from the notification. Therefore, the contractual agreements mentioned above may not be paraphrased, but must be notified in their full wording. If only the agreements that are relevant to competition are notified from the entire contract, it must be clear where in the contract the provision is to be found (indication of the respective section or other subdivision of the contract).

none

Fees for the registration of contracts pursuant to Section 31, 31a GWB between € 150 and approx. € 1,500 (depending on the size of the contract area or the scope of delivery).

none

An appeal may be lodged with the Bavarian State Ministry of Economic Affairs, Regional Development and Energy as the state antitrust authority within a period of one month from the date of notification of the decision in accordance with Section 73 (1) ARC.
Status: 17.10.2024
Editorially responsible for prodecure description: Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie
Contains machine translated content. Show the original content