The ban on trading on Sundays and holidays does not apply to retail establishments in cultural, sports, educational, tourism and leisure facilities. Based on this principle, some businesses have started running reading clubs, tourist information centres, sports equipment rental shops or travel agencies in retail establishments.

The labour inspection service has punished businesses in such cases, considering it a violation of the ban. The courts, however, sided with the businesses - acquitting them.

The Attorney General has taken an interest in the case and has filed cassation appeals against several judgments favourable to businesses. According to his interpretation, the provision should be understood to mean that it is the retail establishment that is to operate, for example, in the cultural establishment, not the cultural establishment in the retail establishment.

However, it is difficult to agree with this approach. Regulations do not mandate an assessment of the size or area of the individual establishments. So it shouldn't matter which activity (commercial or cultural, for example) is carried out on a larger area. What is important is that these activities are conducted together in one place. The legislator did not introduce a rule that the cultural establishment's activities should prevail over retail establishment’s activities.

Businesses, however, are left waiting for the Supreme Court to resolve the issue.

Find more in the PRO HR May 2023