Verdi goes before the Federal Constitutional Court and sues over Bavarian relaxation of shop closing law

Verdi criticizes that the far-reaching expansion of Sunday openings undermines the constitutional protection of Sundays as a day of rest from work and shared recreation. The union argues that the current Bavarian practice is incompatible with the Basic Law, which expressly guarantees the protection of Sundays and public holidays.

By filing suit in Karlsruhe, Verdi aims to have the Federal Constitutional Court review the Bavarian regulation and, if necessary, find it unconstitutional. The union is also calling for a nationally uniform framework for Sunday openings, so that employees are no longer subject to differing regional burdens.

Background: Sunday protection in the Basic Law

From the union's perspective, retail employees are particularly affected by the additional Sunday shifts. Verdi points to years of union initiatives aimed at preserving Sundays as days of rest in principle. An expansion of selling days is being pushed through without sufficient co-determination by employees and their representative bodies, the union criticizes.

On the other side are Bavarian municipalities and parts of the retail sector that are responding to the Free State's strong tourism with the regulation. Especially in spa towns, winter sports regions, and well-known pilgrimage destinations, the need for shopping options for out-of-town guests on Sundays and public holidays is high, according to statements from the affected regions.

Positions of retailers and employees

The Federal Constitutional Court in Karlsruhe has been the body deciding on the interpretation of the Basic Law — and thus also on the protection of Sundays and public holidays — for decades. In earlier rulings, the justices made clear that the protection of Sundays cannot be restricted at will and that exceptions are permissible only where there is a concrete need.

In Bavarian retail, sentiment is divided. While large chains with branches in tourist centers welcome the additional opening days, owner-operated shops and employee representatives see competitive conditions as distorted. Verdi announced that it would pursue the dispute through to a ruling by Germany's highest court if necessary.

Outlook on the proceedings

It remains open when the Federal Constitutional Court will decide on the lawsuit. A multi-year duration of proceedings is typical. Until then, the Bavarian regulation remains in force, so that sales on Sundays and public holidays in the affected municipalities will continue to be permitted for the time being.

Beyond the proceedings, Verdi is responding to another development on the Rhine that has been picked up in parallel by the media. Referring to the headline «Rhein führt so wenig Wasser wie noch nie», the union pointed out that the consequences of climate change also raise labor law questions, such as heat protection and altered supply chains. However, according to the information available, there is no direct link to the Karlsruhe lawsuit.