Market definition; application

If you want to hold a market for commercial vendors, you can apply for an official determination. You will then be granted certain market privileges.

Description

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 characterised by the fact that only certain goods are offered, goods of all kinds are represented at fairs. Flea and jumble markets are regularly designated as special markets. This counteracts the problem of large-scale sales of new goods.

Only markets of commercial vendors can be officially designated (§ 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 trade regulations on standing trade (e.g. trade notification), on travelling trade (e.g. the obligation to have a travelling trade card), the Shop Closing Act (which is replaced by the opening hours stipulated in the determination notice) as well as certain regulations of the Youth Employment Protection Act, the Catering Act and the Sunday and public holiday law are not regularly applied.

However, the principles of public holiday law (in particular the prohibition of publicly noticeable work) are to be taken into account within the scope of the determination decision. In this respect, flea markets and flea markets are problematic , for which it must be examined in each individual case whether they are compatible with the principles of Sunday and public 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, no market should be established on silent days. However, this does not exclude that markets may be established in individual cases if the serious character corresponding to these days is preserved.

Prerequisites

The prerequisite is an application for determination as well as, in particular, the reliability of the applicant, no conflict with the public interest and no holding of the event in a shop. The reliability is checked on the basis of the certificate of good conduct and the extract from the commercial register.

Deadlines

It is advisable to submit your application in good 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 made.

Required documents

  • Certificate of good conduct for authorities
  • Extract from the Central Trade Register

    (to be applied for at the municipality of residence)

  • details for assessing the nature of the event, in particular on the goods to be offered and the expected number and composition of participants (provisional list of exhibitors) (if applicable)
  • Rules for participation (if applicable)
  • Site plans (if applicable)

    (to be applied for at the municipality of residence)

Fees

    • Assessment notice: 50 to 1,500 EUR
    • Certificate of good conduct and extract from the commercial register: EUR 13 each

Remedy

Administrative court proceedings; information

administrative claim

Status: 06.10.2021

Responsible for editing: Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie

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