Sunday trading in Berlin: the State of Berlin, represented by BBH, prevails in appeal before the court of second instance

Yesterday, the Higher Administrative Court (Oberverwaltungsgericht – OVG) of Berlin-Brandenburg confirmed the admissibility of the Sunday trading days in the first half of the year 2018 as determined by the Senate Department for Integration, Labour and Social Services. This is a success for the State of Berlin and BBH which represented the state before the court.

The trade union ver.di had filed a complaint against the Sunday trading days, among others, against next Sunday being a trading day, and prevailed in summary proceedings before the Administrative Court (VG) of Berlin. The Higher Administrative Court of Berlin-Brandenburg now annulled the ruling of the court of first instance: According to the Higher Administrative Court, the senate administration has sufficiently substantiated that there is a great public interest in Sunday openings during the Green Week (Grüne Woche), the Berlinale film festival and the International Tourism Fair (Internationale Tourismusbörse). The Higher Administrative Court further states that the requirements of the Federal Constitutional Court (Bundesverfassungsgericht – BVG) for opening hours of shops have also been duly taken into consideration.

“I am glad that the Higher Administrative Court has now straightened out the ruling of the Administrative Court of Berlin”, comments BBH Partner Dr. Roman Ringwald, who represented the senate administration before the court. “If the Administrative Court had prevailed, this would in fact have been the end of Sunday trading in Berlin.”

The Higher Administrative Court’s decision on the emergency motion is final, whereas its decision in the main proceedings is still pending.

Becker Büttner Held is a leading provider of advisory services for energy and infrastructure companies and their customers. Energy and supply companies, particularly public utilities, municipalities and local authorities, industrial companies and international groups are among its core clients. BBH advises these and many other companies and organisations in all legal matters and also assists them with business and strategic advice.

Dr. Ines Zenke
Lawyer, Partner
Tel +49 (0)30 611 28 40-179

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