Markets within the meaning of the Trade Regulation Act are wholesale markets, weekly markets, special and annual markets. Other events that can be defined are trade fairs and exhibitions. In the following, special and annual markets will be dealt with in more detail:
Special and annual markets are generally events that recur regularly at longer intervals and are limited in time, at which a large number of vendors offer goods for sale (§ 68 GewO).
While the special market is characterized by the fact that only certain goods are offered, goods of all kinds are represented at annual markets. Flea and jumble markets are regularly designated as special markets. This counteracts the problem of selling new goods on a large scale.
Only markets of commercial suppliers can be officially established (§ 69 GewO), but not, for example, flea markets of private individuals. The establishment of a market is associated with exemptions from regulations that would otherwise have to be complied with (so-called market privileges). Thus, for example, the regulations under trade law on standing trade (e.g. trade notification), on travelling trade (e.g. the obligation to have a travelling trade card), the Shop Closure Act (which is replaced by the opening hours specified in the determination notice) and certain regulations of the Youth Employment Protection Act, the Catering Act and the law on Sundays and public holidays do not regularly apply.
However, the principles of the law on public holidays must be taken into account in the determination decision (in particular the prohibition of publicly noticeable work). In this respect, flea markets and flea markets are problematic , and it must be examined in each individual case whether they are compatible with the principles of Sunday and holiday law. According to case law, the offering of goods of all kinds on the market does not generally outweigh the protection of Sundays. As a rule, there should be no market setting on silent days. However, this does not preclude the establishment of markets in individual cases if the serious character of these days is preserved.