Germany – Catering services – Dienstleistungskonzession über das Veranstaltungscatering und die gastronomische Bewirtschaftung der Messe Erfurt GmbH

The Messe Erfurt GmbH intends to award a service concession for event catering and the gastronomic management of the fairgrounds through a European tendering procedure. The subject of the concession is the exclusive gastronomic supply during trade fairs, exhibitions, congresses, conferences, concerts, and other events on the premises of the Messe Erfurt. The concessionaire provides the services in his own name and at his own expense to the respective recipients of the services (e.g. event organisers, visitors, Messe Erfurt GmbH). He bears the economic risk of providing the service, in particular the demand and revenue risk within the meaning of § 105 para. 1 GWB. No remuneration is paid by Messe Erfurt GmbH; instead, it receives a turnover-dependent remuneration (concession fee), the design of which is regulated in the concession contract. The fairgrounds include, among other things, two exhibition halls, a multi-purpose hall, a congress centre, an open-air site, and a fair restaurant. A stationary kitchen infrastructure is only available to a limited extent. All further necessary facilities, mobile units, equipment and fittings must be provided by the concessionaire. Structural adaptations in the foyer areas are planned for the coming years, in particular for the establishment of additional snack bars. The concessionaire will be involved in the conceptual planning of these measures. The concession will be awarded for a basic term of 60 months. There is an option to extend it twice by a further 12 months each time. The concessionaire's investments generally remain in his ownership. To the extent that investments are made with the prior approval of Messe Erfurt GmbH and are permanently connected to the fairgrounds, these will be taken over at the end of the contract at a verifiable residual book value on the basis of commercial depreciation principles. The concessionaire is bound to existing supply and procurement contracts of Messe Erfurt GmbH with a drinks dealer, a brewery, and a mineral water/soft drinks manufacturer. These include, among other things, exclusive supply and tapping rights as well as the provision of dispensing, cooling and catering technology. The equipment provided must be treated with care by the concessionaire and maintained and repaired at his own expense. The aforementioned supply obligations do not constitute suitability requirements, but are part of the performance within the concession.