The opening of shops on Sundays is permitted only in exceptional cases, ruled the German Constitutional Court in Karlsruhe on Tuesday, accepting the lawsuit of German churches against the liberalized Sunday trading rule in the federal state of Berlin, where such a regulation is the only one in force.
"The legal protection that defines Sundays and holidays as non-working days must be respected," states the Constitutional Court’s statement. The President of the Constitutional Court, Hans-Juergen Papier, explained that the German constitution does not "in principle foresee activities typical for a working day" on Sundays. Exceptions are allowed only in cases of "equal legal weight and necessity of greater social interest."
"The mere financial interest of shop owners and the interest of customers to shop every day are not sufficient arguments to allow an exception regarding the opening of shops on Sundays," said Papier. According to the Berlin regulation on shop opening hours, which is the most liberal in Germany and which the German Constitutional Court commented on, shops were previously allowed to operate on ten Sundays a year. The Protestant and Catholic churches in Berlin filed a lawsuit against this regulation. Both institutions supported the ruling from Karlsruhe, deeming it a "clear signal" against commercial interests and in favor of Sunday as a day of rest and peace. The ruling of the Constitutional Court was also supported by the Verdi union of service workers. (H)
