Legal Review of Sunday Opening: The Betty Barclay Case at the Zweibrücken Outlet Center
The Higher Regional Court Zweibrücken dealt in case 4 U 202/21 with the question of whether and to what extent retail stores in the Zweibrücken Outlet Center – specifically the Betty Barclay branch – are permitted to remain open for sales on certain holiday or so-called holiday Sundays. The trigger for the legal dispute was a competition law conflict in which a competitor took legal action against the Sunday opening.
Legal Framework for Sunday Openings
Principles of Sunday and Public Holiday Protection
The legal situation generally regulates shop openings on Sundays and public holidays restrictively. The Basic Law guarantees (Art. 140 GG in conjunction with Art. 139 WRV) the protection of Sundays and public holidays as days of rest from work and spiritual upliftment. The enforcement of this principle is carried out at the state level – for Rhineland-Palatinate in particular through the Shop Opening Act (LadÖffnG). Deviations from this can only occur in narrow exceptional cases and on a clearly regulated legal basis.
Requirements for the Release of Retail Outlets
The Rhineland-Palatinate Shop Opening Act allows Sunday openings only under certain conditions, for example, during events with a strong public turnout in the public interest. In recent years, this instrument has been used somewhat extensively, which has increasingly subjected it to legal scrutiny. The central question is always whether the occasion – such as a festival, fair, or holiday offer – actually has the character of a heavily attended and predominantly public event that justifies the Sunday sales opening.
Decision of the OLG Zweibrücken and Justification
Background of the Legal Dispute
In the specific case, the outlet center relied on the municipal administration’s approval to open on certain holiday Sundays. A competitor considered this practice impermissible and filed an injunction lawsuit based on §§ 3, 8 UWG (Act Against Unfair Competition), arguing that the competition was distorted by the Sunday openings since they were not based on a sufficiently sound legal foundation.
Key Considerations of the Court
The Higher Regional Court Zweibrücken confirmed the lower court’s view that the approval for Sunday openings in the present case did not meet the legal requirements. In particular, the court made clear that so-called “holiday Sundays” do not constitute an independent exception under the Shop Opening Act. The accompanying events were, by their nature and scope, not suitable to fulfill the exception criterion of a major event supporting retail.
Accordingly, there was a lack of a legal basis for the sales openings on these days, resulting in an unfair competitive advantage over law-abiding competitors. Therefore, opening the Betty Barclay branch on the affected holiday Sundays was inadmissible.
Significance for Retail
The decision makes clear that retail outlets – even in structurally special locations like an outlet center – may not simply open on Sundays and public holidays unless the legal exception requirements are precisely met. Competition law requires a consistent application of opening regulations, independent of store structure or the economic attractiveness of a location.
Effects and Legal Classification
Competition Law Dimension
The decision has far-reaching implications for the interpretation of competition law in retail and the prerequisites for exceptions from the general Sunday opening ban. In particular, the restrictive interpretation favoring the protection of Sundays and public holidays remains directive. In the absence or incorrect issuance of an exemption permit, not only administrative but also civil law sanctions in the form of competition law injunction claims by competitors may arise.
Administrative Law Consequences
In addition to the competition law aspects, administrative law considerations are also central: The examination of the legality of exemption permits is a focus and is increasingly carried out with strictness by the courts. Municipal authorities are required to ensure careful scrutiny concerning the fulfillment of legal requirements when issuing exemption permits.
Outlook and Legal-Political Development
The ruling of the Higher Regional Court Zweibrücken aligns with recent case law that further specifies and typifies the requirements for Sunday openings. The fundamental tendency aims to minimize the discretionary scope of administrative authorities and ensure uniform application of Sunday and public holiday protection. This creates clarity but requires high attention from retailers and licensing authorities in planning and executing special openings.
Note on Further Developments
It remains to be seen to what extent the legal issues addressed will become relevant again in future proceedings or receive supreme court clarifications. At the time of publication, the ruling of the Higher Regional Court Zweibrücken is applicable and decisive for comparable cases.
For further legal questions regarding the permissibility of Sunday openings in retail and the handling of antitrust risks associated with exemptions, MTR Legal offers individual support. For more information, please refer to legal advice in competition law.
