Market determination; application

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. Only markets run by commercial vendors can be designated, but not, for example, a flea market run by private individuals.

The organization of markets is generally possible without a permit. The establishment of a market 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.

For non-established markets, however, the general regulations apply.

The events that can be scheduled are described in more detail below:

• A trade fair is a temporary, generally regularly recurring event at which a large number of exhibitors exhibit 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.
• An exhibition is a temporary event at which a large number of exhibitors display and sell a representative range of products from one or more economic sectors or economic areas or provide information about these products for the purpose of promoting sales.
• 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.
• 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:
  • Food 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, provided they are produced from products obtained from 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;
  • 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.
• A funfair is generally a regularly recurring, time-limited event at which a large number of vendors offer goods of all kinds for sale.
• 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 Section 55 (1) No. 2 GewO and offer goods for sale that are usually offered at events of this kind. The regulations on market setting 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 Section 55a para. 1 no. 1 GewO).

Real estate agents, property developers and building supervisors as well as auctioneers are also subject to the grounds for refusal relating to the standing trade in the case of established markets.

In the case of public festivals, weekly markets and fairs, 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.

The prerequisites for determination are

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

It is advisable to submit your application in good time. In general, the assessment notice should be issued within 4-6 weeks of the application being submitted.

• Assessment notice: EUR 50 to EUR 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)
• Certificate of good conduct and extract from the central trade register: EUR 13 each in accordance with the Code of Judicial Administration Costs

• §§ Sections 64 et seq. of the Trade Regulation Act (GewO)
• § Section 60b of the Trade Regulation Act (GewO)

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.