Court: Winzerer and Schottenhamel May Start with Construction!

In the dispute over the awarding of contracts for the main festival tents for the 2026 Oktoberfest, the Bavarian Higher Regional Court has ruled that the suspensive effect of an immediate appeal against a previous ruling by the South Bavarian Public Procurement Chamber will not be extended. This means that the state capital of Munich can sign the contracts with the Schottenhamel Festhalle and the Paulaner Brewery tent, allowing them to begin setup on time. The Oktoberfest 2026 construction starts on June 29.

At the heart of the proceedings is the fundamental question of whether the licensing for large festival tents at the Oktoberfest must be put out to tender across Europe. However, the court deliberately left this question open.

The court’s press release states that the issue requires “further thorough examination” and cannot be conclusively resolved at this time. The Public Procurement Senate expressly clarified that its decision should not be interpreted as prejudging the merits of the case.

Rather, the decisive factor in the decision was a practical consideration: the considerable time pressure in the run-up to the Oktoberfest, which begins on September 19, 2026. In the court’s view, a Europe-wide procurement process—including the subsequent planning and construction of a large festival hall—would objectively no longer be feasible in the time remaining.

Even if the petitioner’s complaint had a prospect of success, the court stated, she would not be able to derive any benefit from it for the upcoming Oktoberfest. Under these circumstances, the city’s interest in ensuring the smooth and timely execution of the event prevailed.