Trade fairs, markets and exhibitions

Trade fairs, markets and exhibitions can be registered upon application in accordance with Section 69 of the Trade Regulation Act (GewO). A designated event enjoys the so-called market privileges (exemption from store opening hours, exemption from the traveling trade card requirement and no exemption from the Working Hours Act required). Establishment is possible on a permanent basis or for a specific period of time.

The large district towns, including the administrative communities, or the Ludwigsburg District Office for all other localities in the Ludwigsburg district are responsible for determining trade fairs, markets and exhibitions for the respective local area.

As various authorities are asked for their opinion before the event is approved, it is advisable to submit the application for approval of trade fairs, markets and exhibitions to the responsible municipality or directly to the District Office approximately six to eight weeks before the start of the event.

• Existence of an event eligible for licensing as described in the trade regulations
  Example: Existence of the characteristics of a trade fair, a wholesale market or a special market (see information sheet)
• Personal reliability of the applicant and the persons responsible for managing the event
• fulfillment of the requirements stipulated for the respective type of event in accordance with the Trade Regulations
  Examples
  • precautions must be taken to protect visitors,
  • the organization of the event must not be contrary to the public interest, e.g. violate the provisions of building law or immission control law, for example against noise, or those of public holiday law, or give rise to fears of other significant disruptions to public safety or order, for example due to road or visitor traffic
• Suitable venue (e.g. special markets may not take place in stores)

• Copy of identity card or comparable identification document
• For natural persons: Certificate of good conduct and extract from the central trade register (both for submission to an authority), for the applicant and, if applicable, for the person(s) responsible for managing the event
• For legal entities: Certificate of good conduct and extract from the central trade register for the legal representative(s) of the legal entity and extract from the central trade register for the legal entity itself (also for submission to an authority); if applicable, certificate of good conduct and extract from the central trade register for submission to an authority for the person(s) responsible for managing the event

The following documents and details are also required to assess whether the characteristics of a trade fair or special market, for example, are present:

• Date and opening hours of the event
• Details of the goods permitted
• Location and size of the event venue (site plan)
• Conditions of participation/market regulations
• Estimated number and composition of exhibitors (list of participants), separated into commercial and private vendors with complete address and the respective range of goods

The authorities may request further documents to verify personal reliability. These can be

• Certificate in tax matters from the responsible tax office
• Extract from the debtor register of the central enforcement court
• Information from the insolvency court as to whether proceedings have been opened there
• Clearance certificate from the municipal tax office
• Current excerpt from the commercial or cooperative register, if the organizing company is entered in the register; otherwise a copy of the articles of association (e.g. in the case of a civil law partnership (GbR))
• If the company is domiciled abroad: documents from the country of domicile proving the legal form
• If you live abroad: documents from your home country that prove your personal reliability

In the case of legal entities (GmbH, Unternehmensgesellschaft, AG, registered cooperative), you only need to provide the necessary information for the legal entity itself. You must submit all personal documents for all natural persons authorized to manage the company (e.g. identity papers). For the legal entity, you also need an excerpt from the central trade register.

Partnerships (GbR, KG, OHG, PartG, GmbH Co. KG) are not eligible for a license as such. Therefore, each managing partner requires a permit. You must provide the necessary information and submit all personal documents for each of these persons.

Private markets

Only markets with commercial vendors have the option of being established, but not purely private events.

Vendors and exhibitors at such private markets or private events (children's clothing markets, non-commercial flea markets) can therefore not invoke market privileges. Consequently, the provisions of Title III of the Trade, Commerce and Industry Regulation Act and those relating to itinerant trades must be observed, as must the law on store opening hours and the law on Sundays and public holidays.

"Open day"

No business transactions may take place, i.e. no sales activities or sales initiation may be carried out.
Instead of the owner and sales staff, only neutral security personnel may be present who are not authorized to conduct sales talks, explanations or demonstrations.
It must be clearly stated in the advertising and in the store that no advice or sales will take place. This information must also be adhered to.

What is not permitted on an "open day"?

• Customer advice
• any sale of goods
• Displaying request or order slips
• Acceptance of orders
• Handing out pre-ordered goods
• Showing samples and specimens
• Reserving or putting goods on hold
• Trying on items of clothing, textiles or shoes
• Demonstrations and explanations of household appliances by manufacturers on the premises of the retail store, even if the store owner and his store employees are not present
• Test drives and comparison test drives by car dealers

The holding of an "open day" may also be refused if it contradicts the character of a Sunday or public holiday, e.g. on Remembrance Day or on the Sunday of the Dead.