According to the legal definition of (1) GewO, the special market belonging to the market trade is a time-limited event that generally recurs regularly at longer intervals , at which a large number of vendors offer certain goods for sale.
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 market trade is made up of the subtypes of trade fairs ( GewO), exhibitions ( GewO), wholesale markets ( GewO), weekly markets ( GewO), special markets ( Para. 1 GewO) and annual markets ( Para . 2 GewO) together.
Special markets are characterized by the fact that only very specific goods are offered for sale. Allowed are e.g. B. categories of goods such as furniture , coins , pottery , small livestock or furnishings . In the special markets, entertaining activities such as B. jousting games are offered. Annual markets, on the other hand, are also special markets, but differ in the broader range of goods. Annual markets are z. B. Christmas markets , Oktoberfest and medieval events .
The characteristics of a special market are defined in Section 68 (1) GewO as follows:
- Limitation to a specialty,
- only one special market per month is permitted in a defined area,
- Entrance fee can be charged,
- The event takes place regularly and is limited in time.
The organizer must submit an application to the approval authority for a determination. This can be the regulatory or trade office . All other documents must be submitted with this application. This includes information on the special market and a sketch, a police clearance certificate and an extract from the central trade register for submission to an authority, proof of insurance and an overview of other planned activities, e.g. B. fireworks . If the application is complete, the approval authority will obtain statements from all parties involved, e.g. B. the IHK , the fire brigade , the police and the environmental agency . After completion of the procedure, the organizer receives a notification that contains all essential information as well as the costs and enjoys market privileges such as the elimination of the Sunday and public holiday rest or the exception from the shop opening law. It must be possible to carry the notification with you during the special market and, if necessary, to be able to show it during an inspection. An action against the decision is admissible before the administrative court.
- Rolf Stober, Special Commercial Administrative Law , 2007, p. 36
- Reiner Schmidt (Ed.), Public Commercial Law: Special Part 1 , 1995, p. 91
- Overview of the IHK Berlin - PDF file, accessed on July 16, 2018
- Severin Robinski: Commercial law. 2nd edition, Verlag CH Beck, Tübingen, 2002.