Everything over passenger traffic in Germany
Promotion due to contractual declaration/agreement
Promotion due to contractual declaration/agreement
© Uwe Losse last updating 2006-10-14
Transporting enterprises can receive from third subsidy payments (balance achievements). With third it can itself around the country, Zweckverbände, the municipalities, the group (groups) or school cost objective act.
Example:
A Verkehrsunternehmer maintains the concession for the pupil traffic of the primary school in Adorf. It uses there according to standard a regular bus me 47 seats and 50 Stehplätzen. For this travel daily 75 basic school children must be carried from the surrounding municipalities to Adorf and again back.
The vehicle may be loaded with 97 persons (47 seat + 50 Stehplätze), thus the Verkehrsunternehmer fulfills all legal requirements if it the travel with this vehicle begins. The basic school children have all pupil monthly maps, since the travel in the public line to be accomplished.
Like so often, now the requirement of parents exists, all children a seat to have are. This would mean for the Verkehrsunternehmer, that it must use 2 vehicles at same time. This is in practice not fulfillable, like that nevertheless straight are to school initial and - end times the point extent of utilization of the transporting enterprises reaches.
For the same money (been made by the number pupil season tickets sell the payment to that) the Verkehrsunternehmer is to accomplish now the expensive investment of a further vehicle and a further personnel. The Verkehrsunternehmer will not follow that usually.
If now financially strong third (z. B. the school cost objective) the Verkehrsunternehmer the additional costs refunds, the Verkehrsunternehmer will respond to the desire. Exactly this reimbursement of costs was very disputed in the last years.
Due to European Union - right in Germany the concession right was changed (§§ 13 and 13a PBefG). A concession should not be self-economical, can of the municipalities operate to be written out. An advertisement of a traffic can have bad consequences for a Verkehrsunternehmer. The Bezuschussung may represent thus no additional income, since otherwise the Verkehrsunternehmer in danger floats, to lose its concession.
The judgement of the European Court of Justice (EuHG judgement of 24. July 2004 in the legal matter C-280/00 (old Mark of Trans and district administration Magdeburg against suburban traffic company old Mark of GmbH) created clarity here.
“The height of reconciliation is to be determined on the basis of an analysis of the costs, the one average, well led and transport enterprise equipped with means of transport to carry appropriately would have, whereby the incomes and an appropriate profit from the fulfilment of the obligation, obtained thereby, are to be considered."
In this example the Verkehrsunternehmer may lock a contract with the school cost objective and use the desired additional vehicle. The cost calculation accomplished by the Verkehrsunternehmer is to be attested however by an external expert (tax counsel or chartered accoutant).