Court reviews whether Oktoberfest tent contracts need EU tenders

BR reported Friday that the Bavarian Higher Regional Court is examining whether Munich must put the contracts for major Oktoberfest tents out to tender across the European Union. A ruling could change how the festival’s tent spaces are allocated in future.

The hearing comes eight days before the start of Oktoberfest, which begins on September 19. The court is considering whether the city’s existing allocation rules are lawful.

How the tents are allocated

Seven of the major Oktoberfest tents belong to Munich’s large breweries, from Augustiner to Spaten. Two others belong to shooting associations, including the Armbrustschützenzelt. These tents are treated as established allocations.

Five other large tents are open to applications from operators, such as the Schottenhamel family. Munich awards points for criteria including experience, environmental standards, tradition and appeal. The city council must then approve the allocations. The system has developed over time.

The legal dispute

Munich restaurateur Alexander Egger is seeking to have the city allocate the major tent spaces through EU-wide tenders instead. His case concerns two tents: the brewery-owned Paulaner tent, which has an established allocation, and the Schottenhamel tent, where the official tapping of the first keg takes place.

If Egger wins and EU-wide tenders become necessary, the ruling would affect the allocation rules for all the major tents, not just the two involved in the case.

Egger runs the Münchner Stubn restaurant near Munich Central Station with his wife, Kathrin Wickenhäuser-Egger. They also operated a smaller tent of the same name at Oktoberfest. After unsuccessful applications for a larger tent, Egger began challenging the allocation system.

The Münchner Stubn tent was approved again for this year’s festival, but Egger chose not to operate it. He cited numerous and sometimes severe attacks since he filed the lawsuit.

Arguments over EU rules

Egger argues that the city’s allocation process is opaque and difficult for applicants to understand. He also says the spaces must be advertised across the EU because they involve large sums of money.

The legal dispute includes the question of whether a tent contract qualifies as a service concession. The threshold for an EU-wide tender for service concessions is net revenue of 5.4 million euros.

Munich rejects that interpretation and is defending its current procedure. The city’s economic affairs department says the process is transparent and has been confirmed several times by administrative courts.

The tent operators also want the current system to remain. They fear that EU-wide tenders could bring multinational companies to the Theresienwiese, ending the tradition of Munich’s beer festival.

Decision date remains unclear

The court has not indicated which way it is leaning, and it is not yet known when a decision will be issued. The court is expected to announce only a date for delivering its ruling on Friday.

Whatever the outcome, the ruling will not affect the 2026 Oktoberfest, which starts on September 19.

Operators do not disclose their profits. Millions of euros are taken during the festival’s 16 days, but the costs are also high, including rent, tent construction, electricity, water, food, staff and security. One operator has reportedly suggested that a semi-detached house should still be affordable from the proceeds.