Facts
The Federal Supreme Court repeals the provisions of the canton of Basel-Stadt on the extension of shop opening hours, as these are linked to compliance with a collective employment contract. This violates the principle of the derogatory force of federal law, as the Employment Act comprehensively regulates employee protection. The link between shop opening hours and the consent of employer and employee organizations in the cantonal law is also inadmissible.Considerations
The Federal Supreme Court finds that since the entry into force of the Employment Act, cantonal regulations on shop closing hours may only serve to protect night and public holiday rest or to protect persons not subject to the Employment Act, but not to protect sales staff, which is conclusively regulated by the Employment Act.
However, the contested provisions of the canton of Basel-Stadt primarily pursue the objectives of employee protection by linking the extension of shop opening hours to compliance with a certain collective employment contract. This violates the principle of the derogatory force of federal law.
Furthermore, the provisions have the effect…