Service content
Description of the
At the request of the organiser, 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 organised by commercial vendors can be designated, but not, for example, a flea market organised by private individuals.
In principle, markets may be held without a licence. The designation of a market entails exemptions from regulations that would otherwise have to be complied with (so-called ‘market privileges’). For example, the provisions of trade law relating to fixed-location businesses (such as the requirement to register a business), itinerant trade (such as the requirement to hold an itinerant trade licence), the Shop Closing Act (which is superseded by the opening hours specified in the notification of approval), as well as certain provisions of the Youth Employment Protection Act, the Restaurants Act and the law governing Sunday and public holiday trading.
However, the general regulations apply to non-established markets.
The events that can be organised are described in more detail below:
- A trade fair is a temporary, generally recurring event at which a large number of exhibitors display the main products and services of one or more sectors of the economy and sell them, predominantly on a sample basis, 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 selection of products and services from one or more sectors or regions of the economy, or provide information about these products and services for the purpose of promoting sales.
- A wholesale market is an event at which a large number of suppliers sell specific goods or goods of all kinds, primarily to commercial resellers, commercial consumers or bulk buyers.
- A weekly market is a regularly recurring, temporary event at which a large number of traders 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 authorised, 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 special market is a temporary event that generally takes place at regular intervals over a longer period of time, at which a large number of traders offer specific goods for sale.
- A fair is a temporary event that generally takes place at regular intervals, where a wide variety of traders offer all kinds of goods for sale.
- A folk festival is generally a regularly recurring, temporary event at which a large number of traders carry out entertainment activities within the meaning of Section 55(1)(2) of the Trade Regulation Act (GewO) and offer for sale goods that are customarily sold at events of this kind. The regulations governing the organisation of markets also apply to folk festivals. However, these do not, for example, enjoy any exemption from the requirement for a travelling trade licence (such an exemption is only applicable in the case of Section 55a(1)(1) of the Trade Regulation Act).
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 fixed markets.
In the case of public festivals, weekly markets and fairs, the organiser may only demand payment for the provision of space and stands and for the use of utilities and supply services, including waste disposal. In addition, the organiser may demand a contribution to the costs of advertising at public festivals and fairs.
Prerequisites
The prerequisites for determination are
- the reliability of the organiser,
- the event does not conflict with the public interest (the principles of the law on Sundays and public holidays must also be taken into account when determining the market),
- no holding of special markets or fairs in shops.
For non-EU citizens, a residence permit is generally required to authorise self-employment.
Deadlines
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.
Required documents
Valid identity card or passport
Certificate of good conduct for official purposes
Extract from the Central Trade Register
Where applicable, further details to assist in assessing the nature of the event, in particular regarding the goods to be offered and the expected number and composition of exhibitors (e.g. provisional list of exhibitors) or suppliers
Where applicable, Terms
and conditions of participation Site plans
, if applicable Documents for registered companies and civil law
partnerships For EU citizens: a certified copy of a certificate of good conduct from the country of origin and a certified German translation;
for non-EU citizens: residence permit authorising
self-employment for non-EU citizens: certificate of good standing
in the case of authorisation: a written power of attorney and identification documents for both the principal and the authorised representativeCosts
- 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
Legal basis
Legal remedy
Administrative court actionProcessing 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.