Cabinet decides on key points - Bavaria stays closed strictly - Small relaxations
Bavaria is the only federal state in Germany, apart from Saarland, that adheres to strict business hours, closing no later than 8:00 p.m. The cabinet decided on Tuesday to make some relaxations: Communities can offer up to eight long shopping nights per year and do not need a specific occasion for it. Small digital supermarkets without personnel and with a maximum sales area of 150 square meters can operate continuously, including on Sundays. And: Retailers are allowed to extend their business hours by an additional four weeks per year beyond 8:00 p.m.
Labour and Social Minister Ulrike Scharf (CSU) spoke of a good, balanced compromise between market freedom and responsibility for the common good. For Sundays, it remains the same: Scheduled sales days on Sundays and holidays are still allowed – and only on a case-by-case basis. The decision is still open. The actual legislative proposal should be available after the summer.
End of a long debate
The cabinet decision marks the provisional end of a long debate that began in the coalition negotiations in the fall. In their coalition agreement, the CSU and the Free Voters understood the concept of additional long shopping nights and the continuous operation of digital small supermarkets as a new form of local supply. However, from the government's perspective, a separate Bavarian Shopping Hours Act was necessary for this – something the free state had previously waived. Currently, the rules in Bavaria, as the only one of the 16 federal states, still date back to the federal regulation of 1956.
This also opened the debate on a possible expansion of core opening hours after 8:00 p.m. Those in favor of extending hours, such as the CSU Munich or the Young Union, could not prevail within the ruling parties. And the Retail Association Bayern stated that the majority of its members wanted to keep the shopping hours at 8:00 p.m. as is.
Result: only some smaller changes, over which there was also heated debate within the coalition. And so, the following points form the basis of the new law:
General business hours:
It remains in Bavaria with the previously strictest hours: Shops can open under weekdays from 6:00 a.m. to 8:00 p.m. On Sundays and holidays, shops must remain closed, as before, except for rare exceptions, such as at train stations. Only Saarland also adheres to the 8:00 p.m. limit.
Eight long shopping nights in municipalities:
Cities and municipalities can allow extended business hours beyond 8:00 p.m. on up to eight weekdays (Monday through Saturday) per year – as so-called sales nights. They do not need a specific reason for this – for example, a special event. So far, only individual weekly event evenings with longer business hours had been approved.
Four additional long nights for retailers:
Supplementally, dealers are allowed to extend their business hours on four freely selectable weekdays per year beyond 8:00 p.m. As an example, Scharf mentioned a bookstore that organizes a reading and then sells its books that very evening. "He can do this up to four times a year with a simple labeling requirement," she explained.
Digital Mini-Markets:
In such mini-markets without personnel, customers must retrieve their goods themselves and pay at self-scanner checkouts. In principle, the full assortment can be offered. New is that these digital mini-markets can generally be open round the clock – even on Sundays. However, the specific opening hours for Sundays should be determined by the respective municipalities. There should be a minimum opening time of eight hours. A limitation exists: The sales area may not exceed 150 square meters.
Sales Open on Sundays and Holidays:
It remains the same: Sales on Sundays and holidays are allowed a maximum of four times a year – but only for specific occasions, such as markets, fairs, or similar events. No further relaxations are planned.
Tourist Attractions:
Approximately 500 of the 2000 Bavarian municipalities are listed as tourist attractions, outlets, or pilgrimage sites. There, the sale of a predefined assortment of goods is permitted on 40 Sundays and holidays, including "touristically relevant product groups and foodstuffs that are suitable for immediate consumption." The criteria for this should now be specified, but the procedure should be simplified. Additionally, there will be a relaxation of the product range – it no longer needs to be related to the location but to the region.
Bus Terminals:
Bus terminals should be treated the same as international airports and passenger rail stations in terms of opening hours and exceptions.
Scharf and Aiwanger Defend 8:00 p.m. Closing Hour
Scharf and Economy Minister Hubert Aiwanger (Free Voters) defended the retention of the 8:00 p.m. closing hour. Scharf emphasized that the Shop Closing Law is about labor protection, not economic promotion. In addition, the Retail Association has not demanded longer hours. "They don't want it. Frankly speaking, they often can't afford it, as the labor shortage issue also plays a role in retail."
Aiwanger argued that then, goods would no longer be sold but only over longer hours, resulting in higher costs. And longer opening hours only in cities would have negative effects on the countryside, he warned, "as customers would then travel from the countryside to the city." CSU fraction leader Klaus Holetschek commented on the relaxations: "We combine modernity with the protection of employees."
- The decision in Bavaria affects not only its own retail sector but also has implications for digital small supermarkets in Saarland, following the same strict business hours.
- The 'Young Union', a division within the CSU, was among those advocating for extending business hours beyond 8:00 p.m., but their proposal did not gain support within the ruling parties.
- California State University's retail management programs may find it intriguing to study the relaxation of shopping hours in Bavaria as a case study in retail strategies.
- Ulrike Scharf, the Labour and Social Minister from Bavaria's CSU, highlighted the importance of striking a balance between market freedom and responsibility towards the common good.
- As per the coalition agreement between the CSU and the Free Voters, the concept of long shopping nights and continuous digital small supermarket operation was viewed as a new local supply model.
- Retailers in Munich, specifically CSU Munich, align with the majority in favor of maintaining the 8:00 p.m. closing hours, as stated by the Retail Association Bayern.
- The relaxation of shopping hours in Bavaria may influence the retail industry in other German states, with proponents hoping to push for similar changes based on the perceived benefits of extending opening times.
