Market determination; application by EU citizens

At the request of the organizer, the competent authority must designate a trade fair, an exhibition, a wholesale market, a weekly market, a special market or a funfair according to subject matter, time, opening hours and location (Section 69 of the Trade, Commerce and Industry Regulation Act - GewO). Only markets run by commercial vendors can be established, not flea markets run by private individuals.

The organization of markets is generally possible without a permit. However, certain privileges are associated with the establishment of a market, e.g. in terms of Sunday and public holiday law, store closing times law, working hours law, trade and catering law. Privileges under trade law include, in particular, the exemption from the travel trade license for the sale of goods in accordance with Section 55 (1) No. 1 GewO.

However, the general regulations apply to markets that have not been established.

The definable events are described in more detail below:

A trade fair is a time-limited, generally regularly recurring event at which a large number of exhibitors exhibit the essential range of one or more branches of the economy and sell it predominantly by sample to commercial resellers, commercial consumers or bulk buyers (Section 64 GewO).

An exhibition is an event of limited duration at which a large number of exhibitors exhibit and sell a representative range of one or more economic sectors or economic areas or provide information about this range for the purpose of promoting sales (Section 65 GewO).

A wholesale market is an event at which a large number of vendors sell certain goods or goods of all kinds mainly to commercial resellers, commercial consumers or bulk buyers (Section 66 GewO).

A weekly market is a regularly recurring, time-limited event at which a large number of vendors offer one or more of the following types of goods for sale (Section 67 GewO):

1. Foodstuffs within the meaning of Art. 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 if they are produced from products of viticulture, agriculture or fruit and horticulture obtained by the producer himself; the purchase of alcohol for the production of liqueurs and spirits from fruit, plants and other agricultural raw materials, where the raw materials are not fermented by the producer himself, is permitted;
2. products from fruit growing and horticulture, agriculture, forestry and fishing;
3. raw natural products with the exception of larger livestock.

A specialty market is an event that generally recurs regularly at longer intervals and is limited in time, at which a large number of vendors offer certain goods for sale (§ 68 GewO).

A funfair is an event that generally recurs regularly at longer intervals and is limited in time, at which a large number of vendors offer goods of all kinds for sale (Section 69 GewO).

The regulations on market determination also apply to public festivals. However, there is no privilege with regard to the traveling trade license (such a license is only dispensable in the case of § 55a Para. 1 No. 1 GewO).

A public festival is generally a regularly recurring, temporary event at which a large number of vendors carry out entertaining activities within the meaning of Section 55 para. 1 no. 2 GewO and offer goods for sale that are usually offered at events of this type (Section 60b GewO).

Real estate agents, property developers and building supervisors as well as auctioneers are also subject to the grounds for refusal for the standing trade in the case of fixed markets (Section 70a para. 2 GewO).

In the case of public festivals, weekly markets and annual markets, the organizer may only demand remuneration for the provision of space and stands and for the use of utilities and supply services, including waste disposal. In addition, the organizer may demand a contribution to the costs of advertising at public festivals and fairs (§ 71 GewO).

The principles of public holiday law must be taken into account when deciding on the amount to be charged. It must be carefully examined in each individual case whether the market to be set is compatible with the principles of Sunday and public holiday law. According to case law, the offering for sale of goods of all kinds at a market generally does not outweigh the concerns 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 nature of these days is preserved.

The prerequisites for approval are the reliability of the organizer, no conflict between the event and the public interest (the principles of Sunday and public holiday law must also be taken into account when approving the market), no holding of special markets or fairs in stores (Section 69a (1) No. 4 GewO).

The reliability of the organizer is checked on the basis of documents issued in the country of origin which prove that the requirements for reliability are met. It may be required that a certified copy of the documents and a certified German translation be submitted. If such documents are not issued in the country of origin, they can be replaced by an affidavit in lieu of an oath by the trader or comparable acts under the law of the country of origin.

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.

• valid identity card or passport
• Proof of good repute from the country of origin in the form of a certified copy and a certified German translation;
  Replacement by affirmation in lieu of an oath or similar acts, if applicable
• Information on the type of event, in particular on the goods to be offered and the expected number and composition of exhibitors (e.g. provisional list of exhibitors) or suppliers
• Site plan, if applicable
• in the case of power of attorney: a written power of attorney and identification of the principal and the authorized representative
• Documents for registered companies and civil law partnerships
  for registered companies, extract from the commercial register or comparable registration documents from abroad (with German translation) for civil law companies, articles of association

• Assessment notice: EUR 50 to 1,500 in accordance with the Schedule of Costs under the Costs Act (Tariff No. 5.III.5/40)
• Determination of a public festival: EUR 100 to EUR 2,000 in accordance with the Schedule of Costs under the Costs Act (Tariff No. 5.III.5/23.13)