Facts
On March 15, 1998, the eligible voters of the Canton of Zurich approved an amendment to the law on public holidays and retail sales hours. Accordingly, "in public transport hubs [...] retail stores located in railway station properties and associated shopping arcades" have been allowed to remain open "on weekdays and public holidays from 6 a.m. to 8 p.m." since June 1, 1998.
Various eligible voters, sales personnel, and business operators have filed a constitutional appeal against this regulation. They argue that this provision violates Article 2 of the Transitional Provisions of the Federal Constitution with regard to the federal law on Sunday work, as well as Articles 31 and 4 of the Federal Constitution due to the associated unequal treatment of commercial enterprises.
Considerations
The Federal Supreme Court dismisses the constitutional appeal. The cantonal regulations on shop opening hours serve exclusively to protect night and Sunday rest or employees not subject to the Labor Act. The two legislations pursue different objectives and apply cumulatively to businesses subject to the Labor Act.
The possibility of keeping businesses in "public transport hubs" open outside normal business hours is based on objectively justifiable, inherent reasons, which is why the associated distortion of competition withstands Article 31 of the Federal Constitution. Although the contested regulation leads to a certain distortion of competition,…