Market determination; application by non-EU citizens

However, the general regulations apply to markets that have not been established. 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 Regulation Act - GewO). Only commercial market vendors can be designated, not flea markets organized by private individuals.

The events that can be designated 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 suppliers 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 (§ 67 GewO):
1. 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 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;
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, 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 construction 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 nature of these days is preserved.

In principle, a residence permit that allows the exercise of self-employed activity is required.

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 a market), no holding of special markets or fairs in stores.

In order to assess reliability, the applicant is generally required to submit an official certificate of good conduct or good character or an extract from the criminal record of his/her home country or an equivalent document and/or a certificate of good conduct for authorities (Section 30 (5) of the Federal Central Criminal Register Act) and information from the Central Trade Register (Section 150 (5) of the Trade Regulation Act). If, based on the foreigner's previous residence, it can be assumed that the aforementioned certificates and proofs no longer or not yet contain facts of significance under trade law, the foreign or German certificates may be waived.

A traveling trade card is required for public festivals.

• Non-EU foreigners: residence permit that allows self-employment
• valid identity card or passport
• Proof of reliability
  Amtliches Führungs- oder Leumundszeugnis oder Auszug aus der Strafliste (Strafregister) des Heimatstaates oder einer gleichwertigen Urkunde und/oder ein Führungszeugnis für Behörden (§ 30 Abs. 5 Bundeszentralregistergesetz) und eine Auskunft aus dem Gewerbezentralregister (§ 150 Abs. 5 GewO).
• 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
• for registered companies: Extract from the commercial register; for companies under civil law: articles of association

• Assessment notice: EUR 50 to EUR 1,500