Peter Adrian, President of the German Chamber of Industry and Commerce (DIHK), is advocating for an amendment to the Basic Law to permanently clarify the legal framework regarding sales-open Sundays. Adrian stated to the newspapers of the Funke media group that the Federal Constitutional Court’s 2009 decision relied on the Weimar Constitution, which refers to “spiritual upliftment” on Sundays. He finds this concept outdated and argues that an amendment to the Basic Law is necessary to secure the issue legally.
Beyond Sunday openings, Adrian is calling for a comprehensive liberalization of retail operating hours. He observes that while everyone can shop online around the clock today, physical retail remains subject to very rigid rules. Furthermore, he points out that the existing few exceptions for sales-open Sundays lack a reliable legal framework, leading to high risks of lawsuits. In his view, the shop closing law is a relic of the past, and merchants should be free to decide for themselves whether or not they wish to open on Sunday.
When faced with critics who claim this would dilute Sunday protection, Adrian countered that he believes both people and businesses should be entrusted with greater freedom and self-responsibility. He emphasized that nobody has to open every Sunday; a business can choose to open every other Sunday, or perhaps not at all. He noted that other countries demonstrate this model works, adding that allowing families to shop together on a Sunday, when they wish, would also be beneficial for social life.
The debate over extended Sunday hours has recently gained renewed momentum following decisions made by the Coalition Committee. The federal government plans to first permit longer Sunday hours for businesses like bakeries, confectioners, and libraries. Trade organizations have pushed for a full reform of shop closing law. Underlying this discussion are several rulings from the Federal Constitutional Court, which reinforced Sunday protection based on Article 140 of the Basic Law. This article adopts Article 139 of the Weimar Constitution, protecting Sundays and holidays as days of rest and “spiritual upliftment.” A change to this constitutional basis would require a two-thirds majority in both the Bundestag and the Bundesrat.
