Routinely chastised for the slow adoption of technology, patchy internet, and reliance on outdated technology such as the fax machine, Germany can sometimes feel a decade behind everywhere else. If Germany feels like the 2010s, the southern state of Bavaria is considered, half-jokingly, to be somewhere around 1910. It’s a gross exaggeration on both accounts of course, but there are moments where I wonder exactly which decade I’m living in. For instance, earlier today I was told at coffee shop in the centre of town that they only accepted cash, I then found that I couldn’t connect to a network on my phone as I attempted to find the closest cash machine, and all the while a group kids on roller-blades skated up and down the street in-front of me. Bavaria might not be living in 1910, but by all accounts we’re fluctuating on a continuum between 1992 and 2022. 

The mockery directed towards conservative minded Bavaria might be unfair, but it can often be its own worst enemy. The states innate ability to take one step forward and two steps back, especially when it comes to certain innovations, was recently exemplified when a new employee free shop was opened Pettstadt. No sooner were people marvelling at Rewe’s 24/7 Nahkauf-Box, allowing customers to shop and pay at any time without the need for pesky human interaction, than the local government was shutting it down. The reason? The small semi-automated supermarket contravened the states Sunday retail laws. Shops are not allowed to trade on Sundays, barring a handful of Verkaufsoffener sonntage (Shopping Sundays). In many ways we should be happy at this outcome. Sure we may have lost the next great step in retail convenience, but at least no one considered it witchcraft. 

Joking aside, the decision to force an unstaffed mini-mart to close under laws designed to protect the rights of retail employees is clearly worthy of ridicule, or is it? Bavaria isn’t the only state to strictly regulate Sunday shopping hours, all of the sixteen states have some form of regulation in place. They may differ on certain specifics, such as how many days can be reserved for Sunday trading per year, but they generally agree on the same principle: Sunday should not be for shopping. Results may vary across the country, but there are many examples of the strict enforcement of Sunday trading laws that seem just as preposterous as those in Petterstadt. 

After two years of lockdowns and mask mandates, small towns and cities all over Germany have struggled to attract shoppers back to brick and mortar stores. With local economies under intense pressure, retailers have looked at different ways to boost sales. One of the common suggestions has been to expand the amount of Sunday shopping days per year, often in conjunction with street food festivals, Medieval markets, or classic car rallies. By creating pop-up festivals attracting people into town and city centres, shop owners hope to benefit from a far larger footfall than usual. Although the naked consumerism is clear, there is at least a civic-minded aspect to these ideas that hopes to boost sales for all, rather than a privileged few. Regardless of the intentions behind these initiatives, many still fall foul of local regulations. The events often go-ahead, but shops will be ordered to remain closed. 

Even if local governments are in favour of adding to the number of shopping Sundays, they may prefer to keep things as they are for fear of attracting legal challenges. When you go through the stories of cities pushing for more flexibility to Sunday trading, the name ver.di will frequently be mentioned. ver.di or the Vereinte Dienstleistungsgewerkschaft (United Services Union) covers many different areas, with trade being only one of them. Whether due to lawsuits brought by the union or simply the threat of a lawsuit, city administrations would rather avoid lengthy and expensive litigation.

Retail and local government are not the only ones feeling frustrated by the strict enforcement of Sunday shopping laws, consumers also seem to like the idea of Sunday shopping. This probably goes double for those of us who come from countries where Sunday trading is the norm. For many of us, it takes some time to adjust to all shops and supermarkets being closed on a Sunday. If you’re ever curious about the number of American or British people you might have living near you, one of the easiest ways to find out is to hang around our nearest petrol forecourt for a few hours. One of the few exceptions to Sunday trading laws are petrol stations, some of which will have a mini-mart attached. Wait long enough and you’re certain to come across some poor newcomer who’s woken up to discover they’ve ran out of milk, bread, coffee, or just food.

Along with Tankstellen, train stations are allowed to have retail outlets open on Sundays, including supermarkets. While this might sound like a simple solution for consumers, actually going to one of these places can be an ordeal. In fairness, I’ve only ever visited such establishments under the duress of a horrific hangover, but any supermarket that needs to employ bouncers is probably not one you want to visit on the regular. 

There are obviously arguments for having more Verkaufsoffener sonntage, but it does feel like the levels of distrust between advocates for and against causes more than it’s fair share of problems. Coming from the UK, which has had Sunday trading since 1994, I can understand. The slow creep of Sunday trading has led to public holiday trading and we’re now at a point where Sundays and public holidays are indistinguishable from any normal shopping day. Personally, I don’t know who this would benefit, other than the absent minded American or British consumer in Germany. Moreover, for those who bemoan the meddling of ver.di when it comes to attempts to boost Sunday openings, I would say beware what you wish for. We were told in the UK that no one would be forced into working on Sundays, except now almost all retail contracts require employees to work Sundays. 

Personally I have zero time for any arguments about the rights of consumers or the plight of the inconvenienced. In my experience those argument almost always come from people who’ve never worked a service industry job in their lives. I do have a lot of sympathy for shop owners though, especially those independent businesses that make city centres all the more interesting for their presence. Finding some third way that accommodates the needs of the retail sectors and assuages the fears of trade unions would be welcome, but it may take a long time before we see it.

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