The constitutional Court (TC) has unanimously annulled several articles of the Catalan law of 2017 that limited the Business hourswhich were already suspended as a result of an appeal filed by the Government of Mariano Rajoy, concluding that they violate the basic state legislation on the matter.
In the ruling, which will be announced in the coming days, the full Constitutional Court declares unconstitutional and null eight articles of the law of commerce, services and fairs that the Parliament approved in August 2017.
The sentence, for which Judge María Luisa Balaguer Callejón has been a rapporteur, concludes that most of these precepts “incur in an effective contradiction with the basic state legislation” in terms of business hours, in accordance with the reiterated jurisprudence in the matter. . According to the Court, the law “invades” the State’s competence to dictate the state legislative framework on the matter.
Specifically, the judgment declares unconstitutional the articles that reduce the minimum limit established by the basic state regulations regarding the number of weekly opening hours, as well as the restrictions on the hours and the conditions for a municipality to be considered tourist for these purposes, as reported Eph.
The TC also annuls the limitation period established by law in the case of sanctions and infractions and the expiration of the tourist municipality declarations, which according to the sentence contravene the basic state regulations.
On the contrary, the sentence considers the articles that regulate the sales periods and that oblige establishments to be “in a position” to serve consumers in both Spanish and Catalan.
The rule under appeal provided that commercial establishments in Catalonia could open a maximum of 75 hours a week and close between 9:00 p.m. and 6:00 a.m. from October to May and between 10:00 p.m. and 7:00 a.m. June to September.