Decision on the Opening Hours of Shops in Zurich Main Station

Facts

In 1990 and 1993, the Federal Office of Transport designated a total of 47 shops and service providers in Zurich Main Station as railway ancillary operations pursuant to Art. 39 paras. 1 and 3 of the RailA. It ordered that these be open daily between 8:00 and 20:00 hours. For a further 29 shops, it provided for commercial use pursuant to Art. 39 para. 4 RailA within the framework of the cantonal and municipal opening hours. The City of Zurich filed an administrative court appeal against these decisions.

Considerations

The Federal Supreme Court essentially confirmed the criteria developed in its previous judgment "Stadelhofen" for assessing the status of ancillary operations. It held that the scope of the needs to be met by the railway companies is not given once and for all, but can grow with the standard of living of the railway users. However, the opening hours of railway ancillary operations must not be used to undermine perceived inadequate cantonal or municipal regulations.

For Zurich Main Station as an important and heavily frequented transport hub, the Federal…