Regional chain Tegut forced to close automated shops to comply with centuries-old ban
www.ft.com
Alright, I will bypass the paywalls for all of you guys. A Sunday ban makes sense for stores that are manned with employees, to give a rest day, but for an unmanned, robotic store, it makes no sense, unless to level the playing field, so automated stores do not profit on Sundays while everyone else makes no money on that day. And yeah, automated stores should not have an edge over manned stores.
Here is the article's summary for those who despise paywalls:
The article by Olaf Storbeck, published on April 4, 2024, discusses the legal battle between Germany's regional supermarket chain Tegut and the German constitution's centuries-old Sunday rest principle. When Tegut launched its fully automated stores four years ago, it billed them as a glimpse into the future of shopping. However, due to the Sunday rest law, Tegut has been embroiled in a legal dispute over whether these automated mini-shops should be subjected to the ban.
Germany's shops, including robotic or staffed ones, are generally not allowed to open on Sundays. Tegut, which owns about 300 traditional supermarkets and 40 fully automated mini-shops, was ordered by the highest administrative court in Hesse to comply with the Sunday rest rule, despite no employee interaction being necessary. The courts deemed these self-service stores as "shops" under German law and subject to legislation on opening hours.
Tegut's rivals, including the service sector union Verdi, have opposed Sunday shopping due to concerns about retail staff needing a guaranteed day off and potential knock-on effects for workers in traditional stores. Some residents, like Robert Grabik, a Fulda resident, were frequent users of Tegut's automated supermarkets on Sundays, arguing that it was convenient for daily life essentials.
The Sunday rest law, enshrined in Germany's constitution since 1919 and upheld by the constitutional court in a 2009 verdict, is about more than just work. It has spiritual and cultural significance as it stems from Christian origins and promotes shared experiences with friends and family. The Protestant and Catholic Churches, along with unions, have defended the status quo for years.
The debate around Sunday shopping in Germany has been ongoing for decades, with most restrictions lifted since 1996. However, the Sunday ban has remained for most businesses except restaurants, fuel stations, kiosks, and pharmacies. Tegut's management board member Thomas Stäb maintains that the impact on religious spirituality is non-existent and points out that the company has never faced any conflicts with religious communities.
Despite the economic pain of losing Sunday sales, Tegut has paused capital-heavy expansion in its home state Hesse but continues to operate 13 automated shops in other German states and three near train stations on Sundays. The government of Hesse is considering creating a legal exception for automated supermarkets, as some states like Bavaria and Baden-Württemberg have already done. Stefan Naas from the liberal FDP believes this matter could be resolved by the summer.
In summary, Tegut's legal battle with the German Sunday rest principle highlights the tension between modern retail innovations and traditional cultural values, as well as the potential impact on workers and religious communities. The debate continues to evolve in a country where church membership has declined significantly over the past decades.