Oktoberfest tent allocation heads to court in challenge to Munich-only rule

Who gets to profit from Munich’s million-euro Oktoberfest business, and who gets to put up a beer tent? That question is heading to court just one week before this year’s festival begins.

The Bavarian Higher Regional Court is scheduled to hear the case on September 11. At issue is whether Munich can legally exclude restaurateurs from outside the city, a practice the municipal administration has followed for more than 200 years. The court must also consider whether the tent contracts should be advertised across Europe.

The lawsuit was brought by restaurateur Alexander Egger, who previously operated a small Oktoberfest tent and unsuccessfully applied for a large one. He also failed to secure a tent at the Oide Wiesn, the festival’s traditional section. That dispute is being handled separately by Munich’s administrative court, which has not yet set a hearing date.

Oktoberfest typically features 14 large beer tents and 21 smaller ones. The Hofbräu tent alone can accommodate about 10,000 people, including its outdoor terrace. The case specifically concerns the allocation of the Schottenhamel and Paulaner tents, whose contracts Egger has challenged, but a successful lawsuit could affect the rules for all tent awards.

The court recently gave this year’s allocations a temporary green light because a Europe-wide tender could not be organized in time for the festival, which begins on September 19. It has not indicated how it will rule on the substance of the case, and the timing of a final judgment remains unclear.