Overview
- The Vergabekammer Südbayern dismissed Alexander Egger’s request on Thursday, ruling that the city’s allocation of the Schottenhamel and Paulaner tents does not trigger EU procurement rules.
- The court said the awards are not a EU‑regulated service concession because Munich lacks an enforceable operation obligation (Betriebspflicht) that would give the city a legal right to compel tent operators to run the halls.
- Egger has instructed his lawyer to appeal to the Bayerisches Oberstes Landesgericht within the two‑week complaints window, and German law bars the city from finalising the two tent contracts while that window remains open.
- Munich officials warn the freeze could delay the start of physical build‑up for Oktoberfest in late June, disrupt thousands of existing reservations, and harm the event’s international reputation if litigation drags on for months.
- The dispute hinges on procurement law and a contractual change this year that removed an explicit Betriebspflicht from allocation rules, a move Eggers’ team calls a legal manoeuvre and city supporters say protects local tradition.