Definition and Legal Classification of Weekly Markets
A weekly market is a regularly held market where producers and traders, particularly of foodstuffs, plants, flowers, and other everyday goods, offer their products for sale. Weekly markets constitute a special form of the so-called specialty or general goods market and are specifically regulated under German trade law. Besides supplying the local community, they help sustain regional economic structures and hold a special status as part of municipal public services.
Legal Basis of Weekly Markets
Trade Regulation Act (GewO)
The central legal basis for weekly markets is provided by the Trade Regulation Act (GewO), in particular the provisions of §§ 67 et seq. GewO. Here, the weekly market is classified as a clearly defined market trade and distinguished from other forms of markets such as fairs, specialty markets, and exhibitions.
§ 67 GewO – Definition and Differentiation
According to § 67 para. 1 GewO, weekly markets are events held at regular, pre-determined intervals and intended for the sale of foodstuffs, plants, flowers, and other goods for daily use. Regularity and the range of goods are important criteria here in distinguishing them from other markets.
§ 68 GewO – Establishment and Operation
According to § 68 GewO, weekly markets require official establishment by the competent administrative authority. The establishment includes binding regulations regarding the location, timeframe, types of permissible goods, and other supervisory conditions. Official establishment also confers market privileges, such as exemptions from certain trade law provisions (§ 70 GewO).
Other Relevant Legal Provisions
Municipal Market Regulations
The operation and organization of weekly markets are often based on municipal market regulations at the local level. These regulations specify the requirements of the Trade Regulation Act and govern in particular the allocation of market stalls, fees, opening hours, hygiene provisions, and conduct at the market.
Road and Pathway Law
As weekly markets are often held on public spaces, road law (especially state road acts) and, where applicable, special use regulations are also relevant. The use of public traffic areas generally requires a special use permit, unless a market establishment already covers this requirement.
Hygiene and Food Law
Market vendors at weekly markets are subject to all food law regulations, in particular the Food and Feed Code (LFGB), the EU Hygiene Regulation (EC) No. 852/2004, and, where applicable, the German Food Hygiene Regulation (LMHV). Violations can result in regulatory measures and fines.
Admission, Organization, and Obligations at Weekly Markets
Approval Process for Stall Operators
Admission to participate in a weekly market is usually granted by the municipal market administration upon application. The basis for this is the respective market regulation and the appropriate establishment under the Trade Regulation Act. Selection is made according to objective, transparent criteria, such as the range and diversity of offerings, as well as compliance with legal requirements (e.g., proof of reliability under § 38 GewO).
Fees and Costs
A fee is regularly charged by the market administration for the use of a stall at the weekly market, which may depend on area, location, and type of goods. Fees are set out in a municipal fee schedule and are legally enforceable.
Stall Allocation and Market Lease
The allocation of stalls may be limited to a specific period or provided as part of a long-term lease arrangement. There is no general entitlement to stall allocation. However, the allocation must observe the principles of equal treatment and freedom from arbitrariness.
Market Privileges and Exemptions for Weekly Markets
Exemptions from Trade Law Regulations
Official establishment of the weekly market entails privileges (§ 70 GewO). For example, a stall operator does not need to possess a special peddler’s permit. In addition, certain general opening hours (Retail Opening Hours Act of the states) as well as holiday regulations do not apply to weekly markets (unless expressly regulated otherwise).
Special Tax Provisions
Stall operators at weekly markets are generally subject to the usual provisions of tax law, particularly VAT liability and record-keeping obligations for cash sales. However, special rules may apply under small business regulations (§ 19 UStG), for example in direct sales by agricultural producers.
Regulatory Aspects and Liability
Market Supervision
Weekly markets are monitored by the local market authority, which is responsible for compliance with the market order and food hygiene. In the interests of market peace, eviction orders may be issued or violations penalized with fines.
Traffic and Safety Regulations
Organizing a weekly market requires a safety concept that covers, among other things, traffic management, emergency routes, fire protection, and accident prevention. For damages arising in connection with the market, the organizer may be held liable if organizational fault can be proven. Additionally, stall operators have a general duty of care under the German Civil Code.
Distinction from Other Types of Markets
Weekly markets are clearly to be distinguished from other types of markets such as specialty markets, fairs, flea markets, or street festivals. The legal criterion is in particular the regularity, limitation of assortment to everyday goods, and official establishment under § 69 GewO. Whereas weekly markets serve local supply, fairs and specialty markets cover a broader range of goods and occur at greater intervals.
Relevant Case Law and Literature
Case law has frequently addressed questions regarding stall allocation, fee levels, trade privileges, and market peace. Important here are the rulings of administrative courts on selection and allocation criteria as well as on distinguishing weekly markets from other market types.
Comprehensive expert discussions can be found in the literature, particularly in legal commentaries on the Trade Regulation Act and relevant handbooks on public business law.
Summary
As an officially established, regularly held market, the weekly market is strictly regulated by law. The relevant provisions are found in the Trade Regulation Act, municipal regulations, as well as food, tax, and regulatory laws. Key issues are official establishment, market operation, the privileged legal position of participants, and the special requirements for hygiene and safety. Compliance with legal requirements is essential for both municipalities and stall operators to ensure the functionality and safety of weekly markets in Germany.
Frequently Asked Questions
What official permits are required for participation in a weekly market?
To participate in a weekly market, traders generally require a special permit known as ‘market establishment’ in accordance with § 69 of the Trade Regulation Act (GewO). Establishment is granted by the competent local public order authority, which approves the weekly market as a so-called specialty market. In contrast to peddler’s permits, regular weekly markets usually only require the market establishment; a separate business license for the market itself is then not necessary (§ 55a GewO). For the sales stall itself, a separate stall permit or stall allocation may also be required. The specific conditions for participation, such as the permitted product range, stall size, or operating hours, are set by the market regulations or participation requirements of the municipality. In addition to these permits, especially for the sale of food, a special health briefing under the Infection Protection Act (§ 43 IfSG) and a food business registration under the EU Regulation (EC) No. 852/2004 are often required, especially for open sale items like meat, cheese, or baked goods. Proof of liability insurance may also be required.
What tax obligations arise from sales at the weekly market?
By law, sales revenues at weekly markets are generally subject to income tax, trade tax, and, where applicable, VAT. Market participants usually must register a business, unless they fall under statutory exceptions in § 55 GewO (e.g. farmers selling their own products). They are obliged to record all income properly and provide auditable accounts upon request. In addition, they must issue invoices in accordance with § 14 UStG when selling to other businesses. Application of the small business regulation under § 19 UStG is possible if revenues do not exceed certain limits. The use of electronic cash registers is also subject to strict fiscal requirements, especially under KassenSichV and GoBD. Breaches of tax regulations can lead to tax and, where applicable, administrative penalties up to market bans.
What requirements apply regarding food safety and hygiene?
For the sale of food at weekly markets, in addition to general food law, the EU General Food Law Regulation (EC) No. 178/2002 and the EU Hygiene Regulation (EC) No. 852/2004 apply in particular. Sellers must ensure that all products are safe, do not contain harmful substances, and are correctly labeled (e.g. ingredients, allergens, country of origin). Handling open foods also requires compliance with the Food Hygiene Regulation (LMHV) and, if applicable, the Animal Food Hygiene Regulation (Tier-LMHV). Special provisions exist regarding refrigeration, hand hygiene, cleaning and disinfection plans, as well as personal medical instruction under § 43 Infection Protection Act (IfSG). Food law also sets out documentation and record-keeping requirements, for example for self-monitoring, goods receipt, or traceability under Regulation (EC) No. 178/2002 Art 18. Violations of food law requirements can lead not only to regulatory measures (fines, stall bans), but in cases of serious deficiencies also to criminal consequences.
How is liability for damages occurring at the weekly market regulated?
By law, each market participant is liable under the general provisions of civil law (§§ 823 BGB et seq.) for damages they cause through fault. This applies to property damage (e.g., damage to third-party property caused by improperly secured stalls) as well as personal injury (e.g., injuries from falling goods or equipment). Organizers (market operators/municipalities) are liable for proper organization and their duty of care on market premises. As part of their market regulations, they may require every participant to provide proof of suitable liability insurance. For damages caused by the products themselves during sale (product liability), traders are liable under the Product Liability Act (ProdHaftG). Depending on the circumstances, there may be joint liability between the organizer and trader if duties of care have not been sufficiently met.
What rights and obligations arise from the market regulations?
The market regulations are legally binding for all participants in a weekly market and are usually enacted by the operating municipality. They govern, for example, the allocation process for stalls, types of permitted goods, opening and dismantling times, requirements regarding safety distances, or standards for the design of sales stalls. Compliance with the market regulations is a fundamental requirement for eligibility to participate. Violations may result in warnings initially, and in the case of more serious or repeated breaches, regulatory fines, temporary, or permanent bans from operating a stall. The market regulations are legally based on corresponding municipal statutes, which must be compatible with the Trade Regulation Act. Market disputes, such as those regarding the allocation of stalls, can be subject to judicial review in the event of disagreements.
Is it permitted to sell at the weekly market on Sundays and public holidays?
Sales at weekly markets on Sundays and public holidays are primarily subject to state-specific retail opening hours laws and public holiday laws. While the Trade Regulation Act (§ 69 para. 2 GewO) does allow municipalities to authorize markets on Sundays and public holidays, this must be stipulated expressly through the appropriate market establishment and is subject to higher-level labor and holiday law. The legal requirements are strict in most states; sales are often only permitted to a limited extent or not at all. There are exceptions in some cases for direct agricultural sales and traditional markets. Breaches of labor and holiday law are prosecuted under regulatory law and can lead to substantial fines or market bans.
What regulations apply to the sale of alcoholic beverages at weekly markets?
The sale of alcoholic beverages is subject to several legal provisions. In addition to market establishment, traders may require a special permit under the Restaurant Act (§ 2 GastG), particularly for alcoholic beverages intended for immediate consumption on-site (bar service). For the sale of packaged alcoholic beverages (take-away sales), business registration is usually sufficient, provided that no tastings or on-premise service occur. Furthermore, the Youth Protection Act (§ 9 JuSchG) imposes mandatory age checks, as alcoholic beverages may only be sold to children and adolescents under very restricted conditions or not at all. Violations of alcohol law requirements are penalized with fines and, where applicable, further regulatory sanctions. Non-compliance with these regulations may also lead to a stall ban if the reputation and order of the weekly market are at risk.
