GER: Pharmacy Shop Opening Hours: Sunday Delivery Unlawful

Apr 4, 2025 Benn-Ibler Rechtsanwälte

The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has ruled that it is unlawful for pharmacies to circumvent German shop opening laws by using a delivery service.

In the case at hand, a pharmacist had closed his pharmacy to the public on Sundays but packed medicines for a delivery service that then delivered them to customers. The local competition authority complained that this was in breach of the North Rhine-Westphalia Shop Opening Act and the Public Holidays Act. The Cologne Regional Court and the Higher Regional Court upheld this view in the second instance. The BGH has now overturned these rulings – not on the merits, but because of a procedural error.

The BGH found that the judgment of the Cologne Regional Court had not been duly published and was therefore legally non-existent. As a result, the Cologne Higher Regional Court had not been authorised to rule on the matter. The proceedings must now be reopened by the Regional Court.

In terms of content, however, the BGH largely agreed with the lower courts and issued precautionary remarks on the legal situation: The pharmacist’s delivery service violates the North Rhine-Westphalian Law on Shop Opening Hours. Specifically, it violates the closing regulations of the Chamber of Pharmacists, which stipulate that specific pharmacies shall remain closed while others shall remain open on Sundays, on a rotating basis.

Although the pharmacist’s shop was closed, the pharmacy continued to be used as a sales point for the packaging of medicines. This affected the competitive conditions for other pharmacies that were obliged to provide emergency services.

However, the BGH did not see this as a violation of the German Holidays Act, as the work in the pharmacy did not disturb holiday peace and quiet. The work performed by the pharmacy did not have the character of a ‘working day’ because pharmacies are generally obliged to dispense medicines on Sundays and public holidays unless they are exempted from this obligation under an emergency service regulation.

The matter must now be reheard and decided by the Cologne Regional Court.

BGH I ZR 20/24 (6 March 2025)