Who can earn millions from the Munich Oktoberfest? And who can set up their beer tent there? Just a week before the start of this year's edition of Germany's largest folk festival, the future of the Oktoberfest is in court.
The Bavarian Supreme Regional Court is hearing a controversial lawsuit: the dispute is over the question of whether the Munich city administration's approval process for the innkeepers of the coveted large Oktoberfest beer tents is legal. So far, local landlords have generally been awarded the contract - assessed according to a points system.
Do the tents have to be advertised across Europe?
The plaintiff landlord Alexander Egger now wants to ensure that the presumably very lucrative large festival tents must be allocated in accordance with European procurement law. Specifically, Egger has applied for a corresponding test for the famous Schottenhamel tapping tent and the Paulaner festival tent. If the lawsuit is successful, it would mean an EU-wide tender for places - and would probably have an impact on the admission rules as a whole.
Egger used to run a small tent - the "Münchner Stubn" - at the Oktoberfest and applied in vain for a large one. He was also awarded the contract for the “Münchner Stubn” this year, but turned it down.
Because he also came away empty-handed when it came to allocating a tent at the traditional part of the folk festival, the Oidn Wiesn, a lawsuit is currently being filed at the Munich Administrative Court. However, according to the court, no trial date has yet been set.
At the Oktoberfest - beyond the Oidn Wiesn - 14 large beer tents and 21 small ones are set up every year. The Hofbräu tent alone, including the outdoor terrace, can accommodate around 10,000 people. How much net profit the restaurateurs ultimately have in their coffers is unknown.
Historical precedent: A Nuremberg innkeeper sneaked in
The first Oktoberfest on Theresienwiese took place in 1810. According to the city's information on its official Oktoberfest website, in 1825 the magistrate issued an ordinance that only beer innkeepers from Munich were allowed. Initially they were 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.
So far the court has not indicated any trend
Egger also wanted to make an urgent application to the Bavarian Supreme Court to ensure that the two tents - Schottenhamel and Paulaner-Festzelt - for which he filed the lawsuit should not be set up until the main issue has been decided. For the two affected hosts, the time shortly before construction began at the beginning of July was a difficult time. However, Egger failed with the urgent application and construction could begin.
The main issue is that the decision regarding a Europe-wide tender is 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. The plaintiff reports violent hostility: "The excitement has reached a level that I could never have imagined and that also involves people's safety," Egger 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 were clearly defined, publicly visible 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 about a Europe-wide tender that would put the Oktoberfest in the sights of multinational corporations. There is a risk of limitless commercialization and the Oktoberfest would lose its face, they argue. According to the innkeepers, a European award procedure could also have consequences for the beer range.
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.”
