June 17, 2004: In an important decision last week, Germany's "Bundesverfassungsgericht", the supreme court for constitutional issues, upheld the legality of Germany's "store closing law" ["Ladenschlussgesetz"] with its special protection of Sundays and holidays as work-free days. The original "store closing law" was passed in 1956 and permitted stores to be open on Monday through Friday from 7:00 a.m. to 6:30 p.m. and on Saturdays until 2:00 p.m. In addition, a "long Saturday" was allowed on the first weekend of each month, with retail sales outlets permitted to be open until 6:00 p.m.

In 1989 the "Ladenschlussgesetz" was modified to permit stores to remain open on Thursdays until 8:00 p.m., but in exchange the "long Saturday" on the first weekend of the month was shortened to 4:00 p.m. In June 2003 the Bundestag altered the "store closing law" to allow uniform opening and closing times from Monday through Saturday, 6:00 a.m. to 8:00 p.m.

Over the years special allowances for Sunday openings were made for stores in "travel centers" like airports and major railway stations. As a result, some of Germany's large railway stations have become small-scale shopping centers on Sunday. The department store chain Kaufhof challenged the "store closing law" for its general prohibition of Sunday store hours by arguing that allowing stores in railway stations to open on Sunday violated the "equal treatment before the law" provision in Germany's constitution, the "Grundgesetz" ["basic law"].

Since the "Grundgesetz" also provides special protection for Sundays and holidays as work-free days, the constitutional court ruled that upholding the general prohibition of store hours on these days was of higher value to society than allowing consumers the additional convenience of Sunday shopping hours. In its comments on the decision, the court declared that individual German states ("Bundesländer") are responsible for determining store hours on the other six days of the week.

Germany's economics minister Wolfgang Clement welcomed the decision as one that confirms the constitutional protection given to Sunday and holidays, but also allows a further liberalization of store hours on other days. Business interests disappointed by the court's decision argued that what Germany really needs is a "store opening law". The "Ladenschlussgesetz" is predicted to face further legal challenges in the future.

Our detailed article Never on Sunday? gives background information on Kaufhof's original attempt to influence the "store closing law" and analyzes the prophetic implications any change in the current status quo.