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Germany: Federal Court reiterates protection of work-free Sundays

The Federal Court of Leipzig further strengthened the legislation about the protection of “work-free Sundays”. Yesterday, the judges of the Federal Court ruled that, to ask and get permission to keep stores open on Sundays and holidays, “on the grounds that stores have an interest in selling and shoppers have an interest in buying, is not enough”. Actually, according to the judges, there is no additional public interest that may account for opening a store, but just the intention to “extend time, space and visibility”. Such ruling ends a controversy that had arisen out of on order issued by the city of Worms, in Rhineland-Palatinate, where on December 29th 2013 the opening hours of the city’s stores had been extended until 6 pm. The federal judges upheld Worms’ Green Party’s objection, because the law on the opening of stores in Rhineland-Palatinate was unconstitutional, as it permitted “adequate free opening” of stores on Sundays, which clashed with the constitutional provision that protects Sundays. The judges of Leipzig explained that, “apart from buying and selling, there is nothing else that can justify any opening of a store”, as “the common good must be the requirement that lays down stricter needs for an objective reason”. The Christian Workers’ Movement (Kab) expressed its satisfaction for such ruling.

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