Market trade

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The market trade is a commercial form , the one for a certain period site has, but this may change.


The German trade law knows three types of trade, namely the stationary trade tied to a fixed location as a basic form of trade law , the travel trade that does not have a fixed location and the market trade, which can have a location but is allowed to change. The trade law attaches different requirements to these types of trade, especially with regard to the permit . The commercial activity may change its temporary location in the market trade, while the standing trade is bound to its location. In contrast to the travel trade, the market trade is not more strictly regulated, but rather privileged compared to the stationary trade.


The law finally distinguishes between trade fairs ( Section 64 GewO ), exhibitions ( Section 65 GewO), wholesale markets ( Section 66 GewO), weekly markets ( Section 67 GewO), special markets ( Section 68 (1) GewO) and annual markets ( Section 68 (2) GewO ). Each of these provisions contains a legal definition . So the fair is in accordance with § 64 para. 1 GewO a time-limited, generally recurring event , on a variety of exhibitors, the main supply of one or more sectors of the economy issues and mainly to pattern to commercial resellers , commercial consumers or bulk buyers markets. According to § 66 GewO, 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. According to § 67 GewO, the weekly market is a regularly recurring, time-limited event at which a large number of providers of one or more types of goods such as food (alcoholic beverages are permitted, provided they are made from self-made products from viticulture, agriculture or fruit and vegetable Horticultural products), agricultural and forestry and fishery products, and raw natural products, with the exception of larger cattle. Weekly markets serve to supply the population with daily food and can also take place several days a week.

Legal consequences

Since the trader of a weekly market can subsequently also serve other weekly markets, he has to change his location for this. This possibility of relocating is the characteristic of the entire market trade. This dynamic of the permitted change of location distinguishes the market trade from the stationary trade with a static location. Even if wholesale markets such as the Cologne wholesale market are housed in a site-specific building, they do not constitute a standing trade because the systematic classification of Section 66 GewO does not allow this. The market-like character must be retained.


The market trade is an exclusively German legal term for which there is no international equivalent.

Individual evidence

  1. Rolf Stober, Special Commercial Administrative Law , 2007, p. 36
  2. Reiner Schmidt (Ed.), Public Commercial Law: Special Part 1 , 1995, p. 91