Opening and closing hours and weekly rest period

All retailers, craftspeople and businesses engaged in the direct sale of products (or the provision of services) requiring contact with customers are subject to legislation that imposes mandatory closing hours and a weekly rest day (save for exemptions).

• What are closing hours and the weekly rest day? 
• What rules apply to late-night shops and private telecoms bureaux? 
• Are there any exemptions from this legislation? 

What are closing hours and the weekly rest day?

The weekly rest period

All retailers are subject to a weekly rest day.

A weekly rest day means an uninterrupted 24-hour period of closure commencing at 5 a.m. or 1 p.m. on Sunday, and ending at the same time on the following day.

During this day, consumer access to the retail outlet is prohibited, as is the direct sale of products to consumers. Home deliveries are also prohibited.

The weekly rest day should remain the same for at least 6 months.

Does it have to be Sunday?

A retailer may choose a day other than Sunday as their weekly rest day.

In this case, they must have a clear and visible external display indicating the start time and day of their weekly rest period.

If a retailer chooses another day other than Sunday as their weekly rest day, they are prohibited from selling any products on that day other than those they normally sell.

Closing hours

Retailers are also subject to closing hours. For most shops (those open during the day with typical opening times), these are as follows:

• before 5 a.m. and after 9 p.m. on Fridays and working days preceding a public holiday. If the public holiday falls on a Monday, an extension until 9 p.m. is granted for the preceding Saturday;
• before 5 a.m. and after 8 p.m. on other days.

What rules apply to late-night shops and private telecoms bureaux?

Late-night shops

For late-night shops, closing times are between 7 a.m. and 6 p.m. unless a municipal regulation sets other closing times.

Mandatory conditions for operating a late-night shop

Three conditions are required for operating a late-night shop:

• the net retail area cannot exceed 150 sqm;
• no other activity other than the sale of general grocery and household products can be carried out;
• the permanent and conspicuous display of the words ‘late-night shop’.

Private telecoms bureaux

A private telecoms bureaux is an establishment that is publicly accessible and where telecommunications services are provided.

For private telecoms bureaux, closing hours are between 8 p.m. and 5 a.m., unless a municipal regulation sets other closing times.

Specific provisions

A municipal regulation may require any business operating a late-night shop or private telecoms bureaux to obtain prior authorisation from the municipal executive (the mayor and their deputies),

This authorisation may be refused on the basis of objective criteria:

• physical location;
• public order;
• safety;  
• tranquillity.

These criteria should be clarified in a municipal regulation.

The municipal regulation may, on the basis of the same criteria, limit the establishment or operation of late-night shops and telecoms bureaux to part of its territory. This cannot entail general prohibition or quantitative limitation.

The mayor may order the closure of these two types of establishment if they are in breach of the municipal regulation or a decision of the municipal executive.

Are there any exemptions from this legislation?

Three types of exemption from this legislation are possible.

Exemptions for type of business

Certain sectors are not subject to this legislation:

• sales at the consumer’s address which is not also the buyer’s address (e.g.: ‘home parties’);
• home sales made at the consumer’s invitation;
• sales and service provisions at public transport stations (trains, underground etc.);
• sales and services provided at international ports and airports;
• services offered in the event of imperative need;
• sales at petrol stations located on motorways of an assortment of general food items and household goods, with the exception of alcoholic drinks, and provided that the net retail area does not exceed 250 sqm

The same exemptions are granted for establishments whose core business is the sale of the following products:

• newspapers, magazines, tobacco products and smoking accessories, telephone cards and national lottery products;
• audio-visual media and video games, and their rental;
• fuel and oil for motor vehicles;
• ice cream in individual portions;
• foodstuffs prepared on the premises which are not consumed there.

Core business

A core business is a trade that meets the following conditions (cumulative criteria):

• outside the premises, reference is made solely to this activity;
• the retailer solely advertises this activity;
• the choice of other products is limited;
• the sale of the product or products constituting the core business represents at least 50% of the annual turnover.

Exemptions for specific circumstances or fairs and markets

At the request of one or more traders acting on their own behalf or at the request of a group of retailers, the municipal executive may grant exemptions in certain cases:

• in special and transient circumstances (holidays, seasonal sales, festivals etc.);
• at fairs and markets.

The number of exemptions is limited to 15 days per year. 

These exemptions are valid throughout the specific municipality or part thereof. Individual exemptions can never be granted.

Exemptions in tourist areas

Exemptions can also be requested for seaside resorts and municipalities or parts of municipalities recognised as tourist centres.