Court to decide whether Munich must tender Oktoberfest tent spots

Germany’s Bavarian Supreme Regional Court is due to decide whether Munich can continue allocating Oktoberfest tent spaces under its own rules or must put them out to EU-wide tender, BR reports.

The case was brought by Munich restaurateur Alexander Egger, who says the city’s process is not transparent. He has unsuccessfully applied for a large tent and is challenging the allocation of the Schottenhamel and Paulaner tents. Egger ran the smaller Münchner Stubn tent until 2025.

His request to prevent the two tents from being erected while the case was heard was rejected in June. At a hearing in September, the presiding judge gave an initial view that the tent agreements were probably not service concessions and therefore might not require EU-wide tendering. The court said, among other things, that the city could not oblige tent operators to open during Oktoberfest.

Whether the tents each generate more than 5.4 million euros in revenue, the threshold for EU-wide tenders for service concessions, may therefore be irrelevant. The court could dismiss the case or refer it to the European Court of Justice. If it does not dismiss the case, the city could have to tender the spaces across the EU.

Munich’s current system is described as having developed over time. Seven large tents belong to major Munich breweries, while two belong to shooting clubs; the breweries and clubs choose their operators and put them forward to the city. Five other large tents are awarded through direct applications to the city, which scores applicants on criteria including experience, environmental considerations, tradition and appeal. The city council must then approve the decisions.

The legal dispute has also affected Egger. After the city again approved his application for the Münchner Stubn this year, he withdrew, citing hostility. His space was then allocated to someone else. The ruling will not affect which breweries are allowed to serve beer at Oktoberfest.