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An mix-economical enterprise is an enterprise, which is carried together by the public hand (federation, countries, municipalities) and private one. The establishment of an mix-economical enterprise is called also a form of the so-called Public private Partnership. Often it concerns with an mix-economical enterprise a local enterprise in the legal form of a GmbH or a corporation, which exhibits also public shareholders beside private ones. Usually the public shareholder is thereby because of its itself from the constitutional democracy principle and the local legislation (e.g. "§ 109 exp. 1 number. Commits to 6 Gemeindeordnung of Lower Saxony) resulting in Ingerenzpflicht to have an appropriate influence on the enterprise. Here frictions with the corporate law often result. In the framework the working group of an mix-economical enterprise typically different interests and motives meet one another. The public hand takes part in the enterprise, because it has an interest in the fulfilment of public tasks. The private investor however takes part primarily for maximization of profit in the enterprise. From this intermixed fields of public setting of tasks and private interest of acquisition a special problem often results in the case of public enterprises.

Since mix-economical enterprises stand due to their national shareholders in close connection to the state, this no own fundamental right ability even usually comes. Anyhow the Federal Constitutional Court has a constitutional complaint Hamburgi works of the AG (HEW), whose portions to approximately 72% by the city Hamburg was held, rejected (BVerfG (K), resolution of 16." May 1989 - 1 BvR 705/88, NJW 1990, 1783). In what respect this applies also to other enterprises with smaller national participation or with other division, is still unsettled.

Some mix-economical enterprises, as for instance the Fraport AG, have several public shareholders beside private shareholder even. Fraport shareholders are both the Land of the Federal Republic Hessen (31, 8%) and the city Frankfurt/Main (20, 3%). The remaining 47, 9% is in strewing possession. The federation sold its portion of 18, 2% for approximately 660 million euro in October 2005.

In the course of the progressive privatisation of public enterprises the public hand diminishes its portions of mix-economical enterprises into many cases gradually.

Literature

  • Ralph Becker: The fulfilment of public tasks by mix-economical enterprises, Baden-Baden, Nomos Verl. - Total ones, 1997, zugl.: Heidelberg, Univ., Diss., 1996-1997 ISBN 3-7890-4999-9
  • Christoph angel: Mix-economical refuse disposal: a didactic drama for the cross-setting of the refuse law with trust right, local legislation, the right of the public orders and economic constitution right, Cologne [among other things], Heymann, 1995, ISBN 3-452-23253-0


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