German Court Enforces Day of Rest

Dec. 3, 2009 — -- Many visitors to Germany can find themselves standing outside a closed department store, perplexed to find that they cannot do a bit of shopping during their weekend trip. This is a result of Germany's long-held resistance to Sunday shopping even in the face of growing consumerism.

Yet many of Germany's 16 states have already made some exceptions, allowing stores to open a few Sundays a year. And in Berlin the city government had gone the furthest in chipping away at the ban on Sunday trading. In 2006 the German capital gave the green light for retailers to open on 10 Sundays a year, including the four Advent Sundays preceding Christmas.

However, Germany's Constitutional Court has now upheld a complaint made by the country's Catholic and Protestant churches, based on a clause in the German constitution that Sunday should be a day of rest and "spiritual elevation."

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The court on Tuesday decided in favor of the churches, saying that Sunday opening should not take place four weeks in a row. The ruling will not affect shopping this December, but would come into force next year. However, the ruling did not overturn completely the principle of limited Sunday store opening.

The labor unions had joined the churches in their campaign to ring-fence Sunday as a day off for the nation. However, their focus was not on protecting the right to practise religion, but rather on protecting workers in the retail sector from having to work on Sundays, sometimes the only day they might get to spend with other members of their family. The services union Verdi greeted Tuesday's ruling with "relief and joy," saying this was a boon to shopworkers and their families.

German papers on Wednesday are broadly in favor of the ruling, though their reasons for supporting the court's decision are strikingly different.