Munich does not have to put Oktoberfest pitches out to Europe-wide tender, court rules

The City of Munich does not have to put pitches at the Oktoberfest out to Europe-wide tender. The Bavarian Supreme Regional Court has ruled in the city's favour and rejected a complaint brought by a former Oktoberfest landlord.

The former landlord and his company had argued that admission to the Oktoberfest should be treated as a service concession under European procurement law. The court instead agreed with the city that no service concession is involved. The city does not commission businesses to provide a service it would otherwise have to provide itself. It admits applicants to a public facility or event, so procurement law does not apply. The Southern Bavaria Public Procurement Tribunal had already taken this view in May 2026.

The Bavarian Supreme Regional Court was the final instance in the case, and its decision is legally binding.

Lord Mayor Dominik Krause said: "Today is a good day for the Wiesn and for Munich. The court has confirmed that our admissions procedure complies with the law. This landmark decision permanently secures the unique character of the Wiesn as a Munich and Bavarian folk festival with a tradition of more than 200 years. The Wiesn will remain the Wiesn, just as the people of Munich and visitors from all over the world love it." The Wiesn is the local name for the Oktoberfest.

Dr Christian Scharpf, head of the city's Department of Labour and Economic Affairs and head of the Oktoberfest, said: "The dark clouds in the white-and-blue Wiesn sky have gone. The Bavarian Supreme Regional Court has confirmed the City of Munich's admissions procedure, which has been used successfully for decades, and has rejected the application of European procurement law. Although that was always our legal view, it is still a great weight off our minds. An obligation to hold a Europe-wide tender would have endangered the very core of what the Oktoberfest is. Now the Wiesn keeps its cultural identity."