As plans to extend retail hours circulate around the Grand Duchy, some government voices are now pointing to the vast scale of already existing exemptions as a counterargument.
Their project envisions that businesses should be able to open from 5am to 10pm on weekdays, and from 5am to 7pm on weekends. Whether these new opening hours are exemptions or not, needs to be discussed, as well as the actual necessity of opening shops from early morning to late evening.
Last year, 16 municipalities were granted exemptions permitting shops to open every Sunday, excluding certain public holidays. Additionally, 19 municipalities applied for and received special permissions to open on select Sundays, primarily those preceding public holidays. As Minister Lex Delles explained, these exemptions are often granted to accommodate specific events:
"Take the furniture shops ahead of furniture festival, for example: all furniture shops are open because of that exemption. Or car events, then these shops are also open. Or for the Braderie, then most shops are also open."
The 2017 Differdange bakery case highlighted the complexity of retail regulations. The court ruled it unfair for petrol stations to sell sandwiches early in the morning while prohibiting food processing businesses from similar exemptions. This decision underscored the need for consistent and equitable rules.
Despite this, Minister Delles emphasized that no business is compelled to utilise these exemptions. Yet, there is no official monitoring of how often or widely they are applied. For instance, while Luxembourg City’s upper town enjoys year-round exemptions, not all shops in Grande Rue take advantage of this.
"We don't know who is open and who isn’t. We don’t have people on-site checking," Delles admitted. This in turn raises questions about whether local businesses really do demand such liberalised opening hours as much as trade associations claim.
Trade unions, on the other hand, criticised the proposed changes, arguing that they undermine decades of social progress. They highlight their fear that such processes leave little room for meaningful negotiation.
Delles, however, rejects this view, insisting that any hours exceeding the proposed statutory limits would require regulation through a collective agreement. For example, if a supermarket wishes to remain open until 9 pm on Saturdays rather than closing at 7 pm, it must negotiate with unions. This stipulation has drawn criticism from petrol station operators, who oppose the added requirement of collective agreements for extended hours.
While the proposed opening hours aim to modernise Luxembourg’s retail sector, questions remain about their practical impact. The exemptions could cover up to 80% of retail spaces, but larger supermarkets in border areas may benefit disproportionately compared to smaller shops.
At the same time, the existing list of granted exemptions makes one wonder whether the new legislative project really does bring about enough practical change.
Listen to the full report in Luxembourgish:
