Store Hours; Applying for a Temporary Exemption on a Case-by-Case Basis

As a general rule, the district administrative authorities and municipalities are the points of contact for the enforcement of Bavaria’s shop closing laws.

General Principle

In Bavaria, the Bavarian Shop Closing Act (BayLadSchlG) regulates when retail establishments must close. As a general rule, retail establishments may be open on weekdays from 6:00 a.m. to 8:00 p.m. Bakeries may open as early as 5:30 a.m. On Sundays and holidays, retail stores are generally prohibited from opening at all times.

Legal Exceptions

There are numerous exceptions, some of which apply to specific business sectors (e.g., gas stations, pharmacies, cultural, recreational, and sports facilities), specific local circumstances (e.g., passenger rail and long-distance bus stations, airports), or specific goods (newspapers and magazines, flowers, pastries and baked goods, dairy products).

These exceptions do not require a separate application under shop-closing laws but arise directly from the Bavarian Shop-Closing Act.

Exceptions by Municipal Regulations

In addition, municipalities may, by ordinance, authorize up to four Sundays and holidays on which stores may remain open in connection with markets, trade fairs, or similar events, as well as—regardless of any specific occasion—up to eight municipality-wide late-night shopping hours on weekdays, each from 8:00 p.m. to no later than midnight.

In spa towns, resorts, tourist destinations, and pilgrimage sites, municipalities may permit stores to open on Sundays and holidays for up to 40 days per year for the sale of tourism-related goods. On these days, stores may remain open for up to eight consecutive hours between 10:00 a.m. and 8:00 p.m.

These exceptions also do not require a separate application under shop-closing regulations; rather, they arise directly from the respective municipal ordinance in conjunction with the Bavarian Shop-Closing Act.

Individual Late-Night Shopping Events on Weekdays

In addition to the municipality-wide late-night shopping events on weekdays, owners of a retail outlet may hold up to four individual late-night shopping events on weekdays per calendar year, from 8:00 p.m. until no later than midnight. For more information, see “Related Topics” under “Store Hours; Notification of an Individual Late-Night Shopping Event on a Weekday.”

Case-by-Case Exceptions in the Public Interest

Temporary exceptions to the general store closing times may be granted by the Bavarian State Ministry for Family, Labor, and Social Affairs (StMAS) only within the strict limits of Art. 8(1) of the Bavarian Store Closing Times Act (BayLadSchlG) in individual cases, provided that the exceptions are urgently necessary in the public interest.

The “urgent public interest”—as distinct from mere private or individual interests or mere economic interests—is limited to cases of exceptional need, in particular a need to supply the population, and is thus to be assumed, for example, when it is necessary to supply a large number of people with food in emergency situations.

In addition, pursuant to Art. 8(2) of the Bavarian Law on the Regulation of Opening Hours (BayLadSchlG), the state governments may grant temporary exceptions with deviating opening hours in individual cases if it is required in the public interest to meet the needs of the population that are particularly pronounced on specific days —particularly in the case of large-scale, supraregional events with an exceptional number of visitors. The StMAS is responsible for granting exemptions that affect more than one administrative district.

Requests for exemptions must sufficiently substantiate the necessary public interest. Furthermore, the temporal and geographical scope of the requested exemption must be specified (e.g., using an event program and a street map excerpt). As a general rule, the request for an exemption must be submitted by the respective municipality to the competent authority. A request for an exemption from an individual company or a group of interested parties generally cannot establish a public interest. The final determination of whether there is a public interest in granting the exemption rests solely with the authorizing authority.

Case-by-Case Exemptions Granted by Municipalities

For local events, municipalities may, pursuant to Art. 8(3), sentence 1, of the Bavarian Law on the Regulation of Street Vending (BayLadSchlG), permit, on a limited and temporary basis, the sale of goods for immediate consumption, use, or consumption, or of perishable goods (e.g., fresh fruit that would otherwise spoil) for a limited period and to a limited extent, provided this is necessary to meet local needs and poses no risk with regard to occupational safety.

Pursuant to Art. 8, para. 3, sentence 2 of the Bavarian Street Vending Act (BayLadSchlG), in individual cases, permit sales at wholesale and weekly markets during Sundays and holidays when stores are open, during municipality-wide late-night shopping on weekdays, or during Sunday and holiday sales for tourism purposes.

A temporary exemption from general store closing hours may only be granted if the exemption is urgently necessary in the public interest or is required in the public interest to meet the particularly pressing needs of the population on specific days.

Temporary exemptions granted by municipalities from the general store closing hours may only be approved for the sale of perishable goods and goods intended for immediate consumption, use, or expenditure, provided that this is necessary to meet locally arising needs and poses no risk with regard to occupational safety.

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Fee range for exemptions under Art. 8, paras. 1 and 2 of the Bavarian School Construction Act (BayLadSchlG): 100 to 2,000 EUR
Cost range for exemptions under Art. 8, para. 3 of the Bavarian Loading and Unloading Act (BayLadSchlG): 50 to 250 EUR
The costs depend on the duration, type, and scope of the exemption.