Market determination; application

Markets within the meaning of the Trade Regulation Act are wholesale markets, weekly markets, special and annual markets. Other definable events are trade fairs and exhibitions. In the following, special and annual markets are discussed in more detail:

Special and annual markets are generally events that recur regularly at longer intervals and are limited in time, at which a large number of vendors offer goods for sale (Section 68 GewO).

While the special market is characterized by the fact that only certain goods are offered, all types of goods are represented at annual markets.

Only markets run by commercial vendors can be officially designated (§ 69 GewO), but not, for example, a flea market run by private individuals. The designation is associated with exemptions from regulations that would otherwise have to be complied with (so-called market privileges). For example, the trade law regulations on standing trades (e.g. trade notification), on itinerant trades (e.g. the travel trade card requirement), the Shop Closing Hours Act (which is replaced by the opening hours specified in the notice of determination) and certain provisions of the Youth Employment Protection Act, the Catering Act and the Sunday and public holiday law do not apply.

However, the principles of public holiday law (in particular the prohibition of publicly noticeable work) must be taken into account when making the decision. Flea markets and flea markets are problematic in this respect, as it must be examined in each individual case whether they are compatible with the principles of Sunday and public holiday law. According to case law, the market-like offering of goods of all kinds generally does not outweigh the concern of Sunday protection. As a rule, markets should not be established on quiet days. However, this does not rule out the possibility of markets being established in individual cases if the serious character of these days is preserved.

Contact:

+(49) 09131 / 86 - 1682

+(49) 09131 / 86 - 2636

The prerequisite is an application to hold an event that meets the requirements of Section 68 GewO, as well as, in particular, the applicant's reliability, no conflict with the public interest and no holding of the event in a store (Section 68a Para. 1 No. 4 GewO). Reliability is checked on the basis of the certificate of good conduct and the extract from the central trade register.

It is advisable to apply in good time. The processing time depends on the circumstances of the individual case. In general, the assessment notice should be issued within 4-6 weeks of the application being submitted.

• Certificate of good conduct for authorities
• Extract from the central trade register
  (to be applied for at the municipality of residence)
• more detailed information to assess the nature of the event, in particular on the goods to be offered and the expected number and composition of participants (provisional list of exhibitors) (if applicable)
• Conditions of participation (if applicable)
• Site plans (if applicable)
  (to be applied for at the municipality of residence)

• Assessment notice: EUR 50 to 1,500 in accordance with the schedule of costs under the Costs Act (tariff no. 5.III.5/40)
• Certificate of good conduct and extract from the central trade register: EUR 13 each in accordance with the Code of Judicial Administration Costs