Oktoberfest tent operator plans constitutional complaint after court defeat

Munich restaurateur Alexander Egger plans to file a constitutional complaint after losing a challenge over the allocation of two large Oktoberfest tents, BR reported. On Friday, the Bavarian Supreme Regional Court ruled that the 2026 allocations were lawful and the tents did not have to be put out to EU-wide tender.

Egger said he and his team had been working on the complaint for weeks. He hopes it will ultimately bring the case before the European Court of Justice, which he says should be able to address the key questions of EU law. He said his aim was to give all applicants a fair chance and help ensure fair prices for Oktoberfest visitors.

Egger has not said whether he will file with the Bavarian Constitutional Court or Germany’s Federal Constitutional Court. He would have to show that his fundamental rights were violated during the proceedings.

The case concerned whether Munich could continue assigning pitches for the large tents under its own rules or would have to invite bids from across the EU. Had Egger’s application succeeded, the court would have found that the two pitches in question should have been put out to EU-wide tender. The city would likely have changed its process, potentially allowing operators from other EU countries to apply for the traditional tents.