Trade - Automated mini-markets may open on Sundays in future
With unusual unanimity, the Hessian Landtag has paved the way for the Sunday opening of mini-supermarkets with vending machines and no employees. The law passed in Wiesbaden provides, in the interest of Sunday protection, that such automated sales areas may not be larger than 120 square meters and may only offer goods for daily use.
Labor Minister Heike Hofmann (SPD) stated: "This is a good day for Hessen and its citizens." SPD deputy Matthias Koerner explained that the change to the Hessian Shopping Hours Act would take effect securely before the parliamentary summer recess.
However, the proponents are mainly concerned with strengthening the rural areas. Critics speak of interventions in the protection of Sundays. The background of the debate is, among other things, a ruling of the Hessian Administrative Court, according to which a closure of unmanned "Tegut-Teo" sales outlets on Sundays by the city of Fulda was lawful at the time.
Tegut plans to open 25 of its therefore closed automated "Teo" mini-markets in Hessen again on Sundays: "This puts an end to a phase of uncertainty for this popular sales concept, which enables shopping around the clock and without sales personnel thanks to digital checkout technology."
Only three "Teo" markets near train stations in Hessen are allowed to remain open on Sundays according to Tegut. The company also announced: "The expansion plans for new locations that have been on hold can now be resumed." The new regulation also applies to holidays.
According to Green party parliamentarian Sascha Meier, himself a former supermarket manager, the rural areas are particularly affected by the aging of society and the labor shortage - it is therefore necessary to strengthen them with automated small shops without personnel. Labor Minister Hofmann said: "It is indeed an opening for Sunday." And not against the Sunday protection.
FDP fraction leader Stefan Naas spoke of a modernization of an outdated law on the proposal of the Free, Christian and Social Democrats in the state parliament: "The citizens find it incomprehensible why kiosks, shops in gas stations and train stations can even open with personnel on Sundays, but the automated mini-markets cannot even close without personnel."
The Hessian Shopping Hours Act dates back to 2006 according to Naas: "At that time, the legislator did not have to consider shops without personnel, as the technical possibilities did not exist." The FDP fraction leader added: "For example, the fact that car washes and car wash boxes have to close on Sundays is also incomprehensible to people. Liberalizations of the underlying Sunday and Holiday Law, which we Free Democrats will continue to advocate for, and we also continue to advocate for an expansion of the sales-open Sundays."
A lawsuit is not excluded.
The Alliance for a Free Sunday Hesse, a coalition of church organizations and the union Verdi, had recently informed the German Press Agency that they would check, after the passage of the law amendment, if their statements had been taken into consideration. They might file a lawsuit themselves if necessary.
Several parliamentarians spoke about the possibility of lawsuits during the state parliament debate. However, they were convinced that the law amendment, due to the planned restrictions on space and product offerings at minimum markets, would be legally secure.
- Stefan Naas from the FDP expressed his concern about the outdated Shopping Hours Act, which was enacted in 2006, not considering shops without personnel.
- Heike Hofmann, the SPD's Labor Minister, stated that the new law is an opening for Sunday, not against Sunday protection.
- Tegut plans to reopen 25 of its automated "Teo" mini-markets in Hessen on Sundays, following a ruling by the Hessian Administrative Court allowing unmanned sales outlets to operate on Sundays.
- Matthias Koerner, an SPD deputy, mentioned that the changes to the Hessian Shopping Hours Act would be implemented before the parliamentary summer recess.
- Green party parliamentarian Sascha Meier, a former supermarket manager, argued that rural areas need to be strengthened with automated small shops to combat aging society and labor shortage.
- In response to the new law amendment, the Alliance for a Free Sunday Hesse, a coalition of church organizations and union Verdi, expressed their intent to check if their concerns have been addressed and may file a lawsuit if necessary.
