Who can earn millions from the Oktoberfest business? Who is allowed to pitch their tent there? Just a week before the start of this year's edition, the future of the Munich Oktoberfest is in court.
This Friday (September 11th), the Bavarian Supreme Court is hearing a controversial Oktoberfest lawsuit: The dispute is about the question of whether the exclusion of non-resident hosts from beer tent operations, which has been practiced by the Munich city administration for over 200 years, is legal.
Do the tents have to be advertised across Europe?
The plaintiff landlord Alexander Egger wants the city administration to put the presumably very lucrative operation of the large festival tents out to tender across Europe. He used to run a small tent at the Oktoberfest and applied in vain for a large one.
Because he also came away empty-handed when it came to allocating a tent at the traditional part of the folk festival, the Oiden Wiesn, a lawsuit is currently underway at the Munich Administrative Court, where, according to the court, no hearing date has yet been set.
Every year, 14 large beer tents and 21 small ones are set up at Oktoberfest - the Hofbräu tent alone, including the outdoor terrace, can accommodate around 10,000 people.
Historical precedent: A Nuremberg innkeeper sneaked in
The first Oktoberfest on Theresienwiese took place in 1810. According to information from the Munich city administration on its Oktoberfest website, only Munich innkeepers have been allowed to serve beer since 1825. Initially they were just ordinary small beer stalls. The first large tent was erected in 1898 - on behalf of an actually unauthorized Nuremberg innkeeper who had hired local front men. How much net profit the restaurateurs ultimately have in their coffers is unknown.
The case now pending at the Supreme Regional Court specifically concerns the awarding of two large tents (the famous Schottenhamel tapping tent and the Paulaner tent), the awarding of which to the previous landlords Egger has contested. If the lawsuit is successful, it would have an impact on the procurement rules as a whole.
So far the court has not indicated any trend
In a preliminary decision, the court recently gave the green light for this year's award and thus also the construction of the two tents for the 2026 Oktoberfest, which begins on September 19th. The reason was that a Europe-wide tender would not have been possible in such a short time anyway.
In the main, however, the decision is still pending and the responsible Senate has not yet shown any tendency in one direction or the other. It is unclear when the verdict in the matter could be pronounced. Normally, higher courts in civil proceedings do not announce an immediate decision after an oral hearing, but rather set a date for the announcement.
Egger complains about hostility
But the proceedings are also causing a stir outside the walls of the judiciary. Plaintiff Alexander Egger reports violent hostility: “The excitement has reached a level that I could never have imagined and that also involves people’s safety,” he told the “Süddeutsche Zeitung” some time ago.
His family, employees and suppliers are also affected. That's also the reason why he doesn't want to run the "Münchner Stubn" at the Oktoberfest this year. “Of course this hurts us, especially because of our great team and our guests - but safety comes first.”
Innkeepers “behave optimistically”
The Association of Munich Oktoberfest Innkeepers resolutely defends the city's procedure and strictly rejects Egger's criticism of the award criteria. Contrary to Egger's criticism, the criteria for approval are clearly defined, publicly available and decided by the city council, they said.
Wiesnwirte spokesman Peter Inselkammer told the Süddeutsche Zeitung that he was “cautiously optimistic” about the court date. “You never know in court. But we have good arguments on our side.”
Tradition in danger?
Inselkammer and the other Oktoberfest hosts never tire of warning that a Europe-wide tender would put the Oktoberfest in the sights of multinational corporations. There is a risk of limitless commercialization and the Oktoberfest would lose its face. According to the innkeepers, a European award procedure could also have consequences for the beer selection.
Internationality has long existed here, Egger recently explained in the “Süddeutsche Zeitung”, referring to the ownership structure of local breweries. “The deliberately fueled fear of Kölsch and Guinness at the Oktoberfest is complete nonsense.”
