[eu]cite

Home› Civil Procedure & Administrative Law› SGB X (English)

Part 1 · Administrative Procedure  ›  Chapter 4 · Public-Law Contract › Section 55

Reciprocal contract

(1) A public-law contract within the meaning of section 53(1), second sentence, in which the authority's contracting partner undertakes a counter-performance, may be concluded where the counter-performance is agreed in the contract for a particular purpose and serves the authority in the performance of its public functions. The counter-performance must be reasonable having regard to all the circumstances and must stand in an objective connection with the contractual performance of the authority.
(2) Where there is a claim to the performance of the authority, only such counter-performance may be agreed as could, on the issuing of an administrative act, be the content of an ancillary provision under section 32.
(3) Section 53(2) does not apply in the cases of subsections (1) and (2).

←→ also move between sections