The Bavarian state government has presented key points for a new shop closing law – and thus finally rejected demands for longer evening opening hours. The proposal, which is to be introduced as a draft law after the state parliament’s summer break, will allow municipalities in the Free State to have eight long shopping nights per year in the future; unlike before, no special reason is required for this. Digital micro-supermarkets with no staff and a sales area of up to 150 square meters can be open all day, including on Sundays. But in general, the closing time on weekdays remains at 8 p.m. and Sunday is protected. Bavaria will therefore continue to have the strictest regulation in Germany.
The CSU and Free Voters had already announced the planned changes in the coalition agreement in the autumn. Labor Minister Ulrike Scharf (CSU) spoke on Tuesday of a “good, balanced balance” between all interests. The proposed amendment represents “progress with a human face” and the political compass includes “not chasing individual interests”. Economics Minister Hubert Aiwanger (FW) added that this would “set accents that are good for trade, the economy and customers”. The focus here, however, is on “reasonable core times” – which are now to remain as they are.
The old federal regulation from 1956 is currently still in force in Bavaria, while the other states have long since dared to revise and make it more flexible. The fact that the coalition even thought about tackling the law immediately aroused interest. The CSU and FW in the Munich city council group have long been calling for an extension of opening hours in the evenings beyond 8 p.m. A proposal to dare more liberalization, at least in pilot tests, also came directly from the CSU parliamentary group, from the so-called Young Group. Most recently, there was a rather harshly worded open letter that parts of the CSU’s junior group, the Young Union (JU), sent to their group. The proposal: opening until 10 p.m. on weekdays; no business should be forced to do this, but should be given the flexibility to do so.
The letter said that it was about reflecting the “reality of life” and abandoning “entrenched patterns of thinking”. Without flexibility, the CSU’s image would suffer, warned the JU officials: The party would take on the “role of the obstructor”. The JU had expressly refrained from touching Sunday – a killer argument against any reform ideas for decades. Further pressure came from the extra-parliamentary opposition, with FDP state leader Martin Hagen recently warning: “In the age of online shopping and the desire for flexibility in one’s own life, the current shop closing time is no longer up to date.” All of this was not taken into account in the cabinet’s agreed key points.
Opinions are therefore diverse within the CSU, and have been for some time. Evidence of this is a vote on closing times in the CSU faction in 2006, which ended in a stalemate. Since then, the issue has had the reputation of being a hot potato that is better not to touch. But there have also been debates in parliament. In the last legislative period, the FDP presented a draft law that even called for shops to be open until midnight, which caused a stir on Sunday. The plan was ultimately rejected not only by the government factions, but also – with a few abstentions – by the rest of the opposition, consisting of the Greens, SPD and AfD.
Greens warn of a “further precariousness of working conditions in retail”
The Greens, then opposition leader, doubted that a reform would lead to higher sales and warned of a “further precariousness of working conditions in the retail sector”. It is therefore to be expected that the treatment of the new law in the state parliament will only trigger disputes over details, not over principle. In addition, the Bavarian Retail Association sees no need for longer evening opening hours in the overall picture of the sectors – due to a lack of staff and concerns that this would only stretch business and ultimately not be profitable.
The planned changes are necessary for the digital mini-markets alone, “as a new form of local supply,” as the cabinet bulletin states. According to current case law, these would be considered sales points, not pure vending machines – so there is a need for regulation to ensure continuous operation. They are now generally allowed to open on Sundays and public holidays; the time frame is set by the local authority. In addition, for general trade, there are up to eight random shopping nights from Monday to Saturday, up to midnight at the latest. Implementation is the responsibility of the municipalities.
Up to four Sundays or public holidays per year are still permitted for shops to be open, which are also set by the municipalities. However, this requires a special occasion, such as a local festival. The key points also state that the criteria for tourist destinations, where significantly more Sunday sales of tourist-relevant goods are permitted, should be made more flexible. And: Sales outlets at long-distance bus terminals, i.e. large bus stations, will be given more options – similar to airports and international train stations.
Wouldn’t it have been possible to do more, following the JU’s suggestion? The option to open in the evening could be handled very differently in the city and the country, depending on the needs. The responsible cabinet members were skeptical on Tuesday. Even if she could understand some personal interests, said Ulrike Scharf, this is a law “for all of Bavaria, not for individual regions”. Aiwanger also sees the danger that “purchasing power will flow from the country to the cities” – if people then “drive in” to do some late shopping.