Market determination; application by EU citizens
If you wish to have a trade fair, exhibition, wholesale market, weekly market, special market or funfair established, you can apply to the competent authority. You can also apply for the establishment of a public festival.
Stand: 03.01.2024. Link zum BayernPortal
Informationen
The organization of markets is generally possible without a permit. However, certain privileges are associated with the designation of a market, e.g. in terms of Sunday and public holiday law, store closing times law, working hours law, trade and catering law. The privileges under trade law include, in particular, the exemption from the travel license for the sale of goods in accordance with Section 55 (1) No. 1 GewO.
However, the general regulations apply to non-established markets.
The events that can be organized are described in more detail below:
A trade fair is a temporary, generally regularly recurring event at which a large number of exhibitors display the main products of one or more sectors of the economy and sell them 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 68 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):
- Foodstuffs within the meaning of Section 1 of the Foodstuffs and Commodities Act with the exception of alcoholic beverages; alcoholic beverages are permitted insofar as they have been produced from home-grown products of viticulture, agriculture or fruit growing and horticulture; 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 original producer, is permitted;
- products from fruit growing and horticulture, agriculture, forestry and fishing;
- 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, these are not subject to any privileges with regard to the traveling trade license, for example.
A folk festival is generally a regularly recurring, temporary event at which a large number of vendors carry out entertaining activities within the meaning of § 55 Para. 1 No. 2 and offer goods for sale that are usually offered at events of this type (§ 60b GewO).
Real estate agents, property developers and building supervisors as well as auctioneers are also subject to the regulations on the standing trade at fixed markets.
At 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 character 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.
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. A certified copy of the documents and a certified German translation may be required. If such documents are not issued in the country of origin, they may be replaced by an affirmation in lieu of an oath by the trader or comparable acts under the law of the country of origin.
- 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;
ggf. Ersetzung durch Versicherung an Eides statt oder ähnliche Handlungen - 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
bei eingetragenen Firmen Handelsregisterauszug oder vergleichbare Eintragungsunterlagen aus dem Ausland (mit deutscher Übersetzung) bei Gesellschaften des bürgerlichen Rechts Gesellschaftsvertrag
- Assessment notice: EUR 50 to EUR 1,500
Processing of events
Anschrift
Öffnungszeiten
On-site appointments are only possible by individual arrangement. Get in touch with us by phone, e-mail or contact form.
Availability by telephone:
Monday: 08:00 - 16:00
Tuesday to Thursday: 08:00 - 15:30
Friday: 08:00 - 12:00