Hildesheim / Hanover – Administrative Court gives an urgent application against the approval of a Sunday shopping on September 6, 2020

“Summer day in Hildesheim” does not justify the opening of the sales outlets in Hildesheim city center on Sundays.

Hildesheim / Hannover (NI) – With a ruling today, the administrative court granted an urgent application by the Ver.di union against the opening of the sales outlets in downtown Hildesheim, planned for Sunday, September 6th, 2020.

The exemption granted by the city of Hildesheim on September 3rd proved, after a summary examination by the 11th Chamber, to be probably illegal. The chamber followed the case law of the Federal Administrative Court, according to which the constitutionally required minimum level of Sunday protection required a factual reason that went beyond mere sales interests. In the case of event-related Sunday openings, the relevant event – and not the store opening itself – must shape the public image of Sunday. This requirement is not met in the present case, because the “summer day in Hildesheim” is not an occasion of sufficient importance. A deviation from these principles is also not justified due to the loss of sales in the retail trade caused by the corona pandemic.

The parties involved are entitled to appeal to the Lower Saxony Higher Administrative Court in Lüneburg.

11 B 4604/20

Administrative Court of Hanover
Leonhardtstrasse 15
30175 Hannover

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