Standing industry

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The legal term standing trade refers to all businesses that are neither part of the travel trade nor the market trade .


The German industrial law distinguishes between the travel trade (such as sales representatives , showman ), market sector (such as wholesale markets , weekly markets ) and the related trade. This commercial form is characterized in that it comprises a fixed location ( establishment , office , business premises , store , shop owns) for its business activities. The standing trade is the basic form of trade law. It is defined negatively by law. The law attaches legal consequences to the classification of these types of business, which are particularly extensive in the travel and market business.

Legal issues

A standing trade - as the comparison of § § 14 GewO and § 55 GewO shows, can only be carried out by independent traders. The standing trade can also be carried out outside the premises of the commercial establishment without creating a travel trade ( e.g. money transport ). Only one business registration according to § 14 GewO is required for exercising a standing trade. Two major types of business in particular only need this business registration, namely the catering trade and craft businesses.

A catering industry operates according to § 1 para. 1 Licensing Act , who in standing commercial beverages for consumption on the spot administered ( tavern ) or prepared food to be eaten on the spot administered ( catering ). Pursuant to Section 1 (2) GastG, the catering trade is expanded to include the travel trade, which dispenses drinks or prepared meals for consumption on the spot from a permanent establishment for the duration of the event ( e.g. beer tents or mobile food trucks ). The independent operation of a trades subject to licensing as a standing trade is only permitted to natural and legal persons and partnerships entered in the trade register according to § 1 Para. 1 HwO .


The standing 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. Rolf Stober, Special Commercial Administrative Law , 2007, p. 36