Court decision: No cardiac clown tent at Oktoberfest

Oktoberfest - Court decision: No cardiac clown tent at Oktoberfest

With a court proceedings, Munich innkeepers attempted to secure a spot at the Oktoberfest. However, unsuccessfully: The operators of the Herzkasperlzelts on the Oidn Wiesn failed with their lawsuit at the Bavarian Administrative Court, as the court announced on Friday. Instead, for the first time, the Boandlkramerei tent will be standing on the Oidn Wiesn. The city had awarded its contract to the Boandlkramerei's operators. The city's selection decision was now deemed lawful by the Administrative Court.

The Administrative Court Munich had already rejected the urgent application of the Herzkasperl-innkeepers, who then lodged a complaint with the Bavarian Administrative Court. The innkeepers argued that the application of the other innkeeper should not have been taken into consideration, as they did not meet the cultural criteria of the city council for a music tent.

However, the Boandlkramerei had still scored more points in the tender procedure - and was therefore admitted instead of the Herzkasperlzelts. According to the court, the Herzkasperlzelt had achieved 214 points, the Boandlkramerei 242 points.

Although a bidder for the music tent must submit a proposal for the cultural program, including a daytime kapelle, a musical or dance action in the afternoon, and an evening highlight, explained the court further. Contrary to the claims of the complaining innkeeper, it could not be inferred from the application conditions that the music and dance fees of the named artists were already binding. The tender was not aimed at the fixed designation of named groups, but at a certain characteristic of the music program. This corresponded to the resolution of the city council, which had existed since the Oktoberfest on the Theresienwiese in 2013.

Wiesn chief Clemens Baumgärtner (CSU) said, it was not the task of the long-established point system to create heirs. Music groups could also perform in another tent. "I see no loss of culture. I see that it's about the money."

The Herzkasperlzelt has existed since the first Oktoberfest on the Theresienwiese in 2010, which arose from the 200-year celebrations of the Oktoberfest and is very popular with historical fairground attractions. The trademark of the tent is a young, further developed folk music and a dance floor. The innkeeper of the Boandlkramerei had promised that there would also be the popular folk music scene of the current trend at his place, he wanted to specifically promote the young talents.

1. The Munich innkeepers, facing legal proceedings, aimed to secure a spot at the Bavarian Administrative Court for Oktoberfest, but their lawsuit was unsuccessful.
2. The decision of the Munich Administrative Court, announced on Friday, favored the Boandlkramerei tent, marking its first-time presence on the Oidn Wiesn.
3. The city's selection decision, deemed lawful by the Administrative Court, had earlier been challenged by the Herzkasperlzelts operators, who had lost their case at the Munich Administrative Court and subsequently filed an appeal.
4. The Bavarian Administrative Court eventually upheld the city's decision, ruling that the Boandlkramerei had scored more points in the tender procedure, making it a more suitable choice for the Oidn Wiesn.
5. According to the Administrative Court, while a bidder for the music tent must submit a proposal for the cultural program, including a daytime kapelle, a musical or dance action in the afternoon, and an evening highlight, the tender was not aimed at the fixed designation of named groups but a certain characteristic of the music program.
6. As Germany's largest beer festival, Oktoberfest takes place annually in Munich, and the recently confirmed Boandlkramerei and the popular Herzkasperlzelts, both located in Bavaria, contribute significantly to the rich German cultural landscape.
7. In the aftermath of the court decision, Wiesn chief Clemens Baumgärtner maintained that it was not the primary objective of the existing scoring system to create heirs, and he encouraged music groups to perform in other tents.

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