Peter John seems like a person who is not easily disturbed by anything, not even the Bavarian bureaucracy. In the summer, the businessman from Erfurt wants to open his first 24/7 village shop in Altenthann (Regensburg district). According to John, the shell of “Emma’s Day & Night Market” should be ready in just a few days, and operations could start in June. In the village of 1500 people are already waiting happily, the next supermarket is in the neighboring village – finally a shopping possibility of your own again.
But it is not yet clear whether John’s concept, which is supposed to work like a vending machine thanks to artificial intelligence, will not just be a 24/6 shop. Because according to the current legal situation, it is forbidden in Bavaria to open so-called digital mini-supermarkets on Sundays and public holidays – to protect public peace. In the Upper Franconian town of Pettstadt, a pilot project by retail giant Rewe recently had to close on Sunday to the displeasure of customers and operators.
“We will proceed as planned,” says John over the phone. “We keep our promises and hope that Bavaria will keep them too.” He assumes that the questions will have been clarified by the summer. The Thuringian can use composure for his project in Bavaria, the drama about the rest days surprised him. During a conversation in early April, he was still firmly convinced that his business in Altenthann would not be affected by the Sunday ban. After all, the concept does not require cashiers and is an important contribution to strengthening rural local supply. With Free Voters boss Hubert Aiwanger, the Minister of Economics is also personally behind the project, John said at the time. In the meantime, he no longer sounds quite so sure, speaking of a “complicated situation”.
Rewe was already threatening to end the project
Because despite the support, Aiwanger’s ministry is not responsible for the public holiday law or for shop opening hours – all of this is in the hands of CSU houses such as the Ministry of the Interior. CSU boss and Prime Minister Markus Söder is considered an opponent of the liberalization of retail, which is why “it is not to be expected” that around-the-clock markets like in Pettstadt and Altenthann will soon also be able to open on Sundays and public holidays it at that time from the Ministry of Economy. Rewe then even threatened to end the project in Pettstadt.
In the meantime, the blocking attitude in the CSU seems to be crumbling. Because not only customers and operators are pushing for a relaxation of the staff-free markets, mayors and state parliamentarians from the affected regions are also putting pressure on the government. “Our goal is basic supply in small communities in line with a clear demarcation from normal food markets,” said CSU MPs Holger Dremel and Stephan Oetzinger recently after they had campaigned for an exception to Interior Minister Joachim Herrmann.
You don’t want to fundamentally touch on the protection of Sundays and public holidays, they assured – in the CSU nobody wants to sin on the Christian days of rest. “Perhaps these pilot projects could simply be linked to a population limit or possibly to the state of the supply in this area. Then opening on Sundays would be conceivable again,” the two politicians suggested.
The Ministry of the Interior is examining whether exceptions are possible
On request, the Ministry of the Interior confirms that it is currently examining the legal situation “taking into account the security of supply in rural areas”. The Ministry cannot say when and what result can be expected. One hears from those involved that the problem could possibly be solved with a special permit. For example, the government would not have to fundamentally give up its conservative stance on Sunday rest and closing times if shopping machines such as those in Pettstadt, Altenthann or in Parkstein in Upper Palatinate could still allow them to be open on Sundays and public holidays.
In any case, public interest seems to be high. In Pettstadt, customer frequency exceeds all expectations, Rewe says. There is also a great deal of curiosity in the Bavarian town halls, says entrepreneur Peter John. “The mayors are running into us. The next contracts are almost ready to be signed.” Ten potential locations for a 24/7 village shop are already in sight.
The Thuringian is confident that a good solution will be on the table by the time his shop opens in Altenthann. And if not? “Then we have to think about whether we can continue the project,” says John.