Market Pricing; Application

Upon application by the organizer, the competent authority must designate a trade fair, exhibition, wholesale market, weekly market, specialty market, or annual fair, specifying its purpose, dates, hours of operation, and location. Only markets operated by commercial vendors may be designated; flea markets organized by private individuals, for example, are not eligible.

In principle, markets may be held without a permit. The official designation of a market entails exemptions from regulations that would otherwise apply (so-called “market privileges”). For example, the following regulations generally do not apply: commercial law provisions regarding stationary businesses (such as the requirement to register a business), provisions regarding itinerant trade (such as the requirement for an itinerant trade license), the Shop Closing Act (which is superseded by the opening hours specified in the designation notice), as well as certain provisions of the Youth Labor Protection Act, the Restaurant Act, and the laws governing Sunday and holiday operations.

For markets that have not been designated, however, the general regulations apply.

The events subject to regulation are described in more detail below:

• A trade fair is a time-limited, generally recurring event at which a large number of exhibitors display the main products and services of one or more economic sectors and sell them—primarily as samples—to commercial resellers, commercial consumers, or bulk buyers.
• An exhibition is a time-limited event at which a large number of exhibitors display and sell a representative selection of products from one or more economic sectors or regions, or provide information about this selection for the purpose of promoting sales.
• A wholesale market is an event at which a large number of vendors sell specific goods or goods of all kinds primarily to commercial resellers, commercial consumers, or bulk buyers.
• A weekly market is a regularly recurring, time-limited event at which a large number of vendors offer for sale one or more of the following types of goods:
  • food as defined in Article 2 of Regulation No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority, and laying down procedures in matters of food safety, as last amended by Regulation (EU) 2019/1381, with the exception of alcoholic beverages; Alcoholic beverages are permitted provided they are produced from the producer’s own grapes, agricultural products, or fruits and horticultural products; the original producer is permitted to purchase alcohol for the production of liqueurs and spirits made from fruit, plants, and other agricultural raw materials, provided that the raw materials are not fermented by the producer themselves;
  • products of fruit and horticulture, agriculture, forestry, and fisheries;
  • raw natural products, with the exception of large livestock.
• A specialty market is a temporary event that generally takes place at regular intervals over longer periods of time, at which a large number of vendors offer specific goods for sale.
• A fair is a time-limited event that generally takes place at regular intervals over longer periods of time, at which a large number of vendors offer goods of all kinds for sale.
• A folk festival is a generally recurring, time-limited event at which a large number of vendors engage in entertainment activities as defined in § 55(1)(2) of the Trade Regulation Act (GewO) and offer for sale goods that are typically offered at events of this kind. The regulations governing the establishment of markets also apply to folk festivals. However, for example, no exemption applies to these festivals with regard to the itinerant trade license (such an exemption is only applicable in the case of § 55a(1)(1) of the German Trade Regulation Act (GewO)).

Real estate agents, property developers, construction managers, and auctioneers are subject to the grounds for denial applicable to permanent businesses, even in the case of regulated markets.

At folk festivals, weekly markets, and annual fairs, the organizer may charge a fee only for the provision of space and booths and for the use of utility facilities and services, including waste disposal. In addition, at folk festivals and annual fairs, the organizer may require a contribution toward advertising costs.

Contact:

+(49) 09131 / 86 - 1682

+(49) 09131 / 86 - 2636

The requirements for a determination are

• the reliability of the organizer,
• that the event does not conflict with the public interest (when determining market dates, the principles of Sunday and holiday laws must also be taken into account),
• no special markets or annual fairs may be held in retail stores.

It is advisable to submit your application in a timely manner. Generally, the assessment notice should be issued within 4–6 weeks of the application being submitted.

The processing time depends on the circumstances of each individual case. Generally, the assessment notice should be issued within 4–6 weeks of the application being filed.

• Valid ID card or passport
• Certificate of Good Conduct for Government Agencies
  (Apply at your municipality of residence)
• Extract from the Central Business Register
• if applicable, further details to help assess the nature of the event, in particular regarding the goods to be offered and the expected number and composition of exhibitors (e.g., a preliminary list of exhibitors) or vendors
• Terms and Conditions of Participation (if applicable)
• Site plans, if applicable
  (Apply at your municipality of residence)
• Documents for Registered Companies and Civil Law Partnerships
  
  • For registered companies: an extract from the commercial register or comparable registration documents from abroad (with a German translation)
  • For civil law partnerships: partnership agreement
• For EU citizens: A certified copy of a certificate of good conduct from the country of origin, along with a certified German translation;
  if applicable, substitution with an affidavit or comparable action
• For non-EU citizens: a residence permit that allows for self-employment
• For non-EU citizens: Proof of good character
  

  An official certificate of good conduct or character, or an extract from the criminal record of the applicant’s home country, or an equivalent document, and/or a certificate of good conduct for government agencies and a report from the Central Trade Register

• If an authorized representative is present: a written power of attorney and identification documents for both the principal and the authorized representative

• Assessment Notice: 50 to 1,500 EUR in accordance with the Schedule of Fees under the Cost Act (Rate No. 5.III.5/40)
• Approval of a public festival: 100 to 2,000 EUR in accordance with the Schedule of Fees under the Cost Act (Tariff No. 5.III.5/23.13)
• Certificate of Good Conduct and extract from the Central Trade Register: 13 EUR each, in accordance with the Judicial Administration Cost Regulations