Porta Westfalica/Münster (dpa/lnw) – The Higher Administrative Court of North Rhine-Westphalia has once again stopped shop openings on a Sunday. In Porta Westfalica, in the Barkhausen district, an urgent decision (Az. 4 B 1160/22.NE of November 2, 2022) prohibited an opening planned for this Sunday around a furniture store on the occasion of a “blue light day”. The court thus granted an application by the Verdi union for a temporary injunction. The application was directed against an ordinance by the city administration that allowed the opening.
The 4th Senate stated in its decision published on Thursday that this ordinance is not covered by the Shop Opening Act of North Rhine-Westphalia. In the case of shop openings in connection with local events, it must be ensured that the event – and not the shop opening – shapes the public image of the Sunday in question. In this case, among other things, there is no conclusive prognosis that the number of visitors attracted solely by the “Blaulicht Tag” event will be greater than the number of those who come solely because of a shop opening.
The Senate also did not accept the justification for opening on Sundays as a countermeasure against the loss of income as a result of the corona pandemic and the recent increases in energy costs. “The current undisputed challenges do not overrule the constitutional order,” the Senate stated. There is also no reason for an exception for retail in the Barkhausen industrial park, while similarly affected shops in other communities have to remain closed. The decision is final.
