Regional Court (VG) Cologne strikes down Sunday closing prohibition for vending-machine kiosks: commodity vending machines not covered by the North Rhine-Westphalian Shops Opening Act

Vending-machine kiosks are permitted to remain open on Sundays in North Rhine-Westphalia.

What is it about?

Are vending-machine kiosks (premises with multiple commodity vending machines) permitted to be open on Sundays and public holidays – or do they constitute retail outlets within the meaning of the Ladenöffnungsgesetzes NRW (LÖG NRW)? The VG Köln has decided precisely this matter on 18. Juni 2025 (1 K 5563/24): Commodity vending machines do not fall within the scope of the LÖG NRW; a blanket Sunday closing prohibition is unlawful. The court follows the position of the OVG NRW from the preceding interim relief proceedings (4 B 976/24). A look beyond North Rhine-Westphalia: The decision expressly mentions preliminary proceedings and legal literature from other states (including Baden-Württemberg, Hamburg, Bayern, Niedersachsen, Hessen) – predominantly in favour of automated vending machines without personnel. At the same time, it points to legislative reforms in Hessen and Schleswig-Holstein regarding "digital mini-supermarkets": there is apparently political need for regulation that – unlike in North Rhine-Westphalia – has already been addressed.

More specifically: this was the disputed factual situation

An operator places 15 commodity vending machines with 40–50 items each in a retail space and advertises externally with "open 24/7". No sales personnel on Sundays and public holidays. The city prohibits the sale on Sundays/public holidays (and on 24 December from 2 p.m. onwards) and threatens penalty fees; it additionally orders removal of alcohol and a prohibition on the sale of alcohol via vending machines. Course of proceedings: The Regional Court initially rejects interim relief protection; the OVG NRW restores the 12. Februar 2025 the suspensive effect of the action on item 1 (Sunday closing prohibition) and item 5 (threat of penalty fees) of the administrative order. On the alcohol matter the operative part contains no annulment.

The decision – the essential considerations of the administrative court

1. Scope of application of the LÖG NRW According to §§ 2, 3 LÖG NRW the Act applies to points of sale and commercial offering outside of points of sale. Vending machines are not mentioned there; the definition essentially adopts the previous federal legal position – without the term "vending machines". The Land legislator did not wish thereby to not fall back behind the legal position already achieved. 2. Historical interpretation: Vending machines are traditionally exempted Already the BVerfG (1962) made clear that the inclusion of independent vending machines in shop closure regulations violates freedom of profession; in 1996 and 2003 this was implemented legislatively (deletion of the term "vending machines" and the special provision). Consequence: Vending machines were deliberately excluded from shop closure law – without restriction as to number or location of installation. 3. "Automatic kiosks" remain automatic operations – not a point of sale by accumulation The fact that 15 vending machines are located in one room does not make it a point of sale within the meaning of the LÖG NRW. Each purchase requires separate operation of the vending machine; staff are not deployed. Closing the room on Sundays and public holidays would impermissibly prevent access to permissible vending machines. 4. Constitutional guardrails: Sunday/public holiday protection yes – but fit for purpose Sunday and public holiday protection (Art. 140 GG in conjunction with Art. 139 WRV) remains significant. Without deployment of employees and without "typical retail" business activity, it does not take effect, as the BVerfG has laid out (including 2009). If necessary, it is the matter of the legislator to explicitly regulate new forms. 5. Principle of specificity in administrative penalty provisions Because violations of the LÖG NRW are subject to administrative penalties (§ 12 Abs. 1 Nr. 1 LÖG NRW), Art. 103 Abs. 2 GG requires a clear statutory basis. A mere interpretation ("visibility to the public", product range, "business activity on working days") is not sufficient not to bring vending kiosks under the LÖG NRW. If the legislator wishes to change the classification, an explicit statutory correction is required. 6. Classification in comparative state law and case law The decision aligns with a virtually unanimous line of authority (including VGH BW, VG Freiburg, VG Hamburg, VG Augsburg, VG Osnabrück). At the same time, Hesse and Schleswig-Holstein with new rules for "digital mini-supermarkets" demonstrate that political solutions are possible – only not through administrative interpretation without a statutory basis.

Significance for practice

For operators of vending kiosks – not only in NRW

• 24/7 operation without staff is currently permissible in principle, even on Sundays and public holidays – provided it genuinely concerns merchandise vending machines and no employee engagement takes place.
• Formalities & appearance: The external appearance ("looks like a shop") alone does not establish a sales outlet. Nevertheless, advertising statements ("24/7") and room design should not create the impression of staffed operations.
• Alcohol & special goods: In the decided case, the alcohol orders were not revoked; therefore, provisions relating to food law, tax law and youth protection must be reviewed separately.
• Compliance check: To be documented are staff/restocking times (ArbZG), video/youth protection mechanisms for sensitive goods and clear operating procedures per machine. (Systematic classification by the judgment see above.)

For municipalities and regulatory authorities

• Interventions (prohibition, administrative fine) against vending kiosks solely with reference to §§ 2–4 LÖG NRW are legally challengeable, so long as the legislature does not provide clarification.
• Bundle approach: Where security, youth protection, waste or traffic problems exist, specialist statutory statutory law-based instruments are more targeted than an extension of the LÖG NRW through interpretation.

Conclusion & Recommendation

Summary: The Regional Court Cologne (VG Köln) strengthens legal certainty for automatic vending kiosks in NRW. Vending machines ≠ sales outlet – not even in aggregate. Fines and blanket Sunday prohibitions under the LÖG NRW have no basis without a clear statutory foundation. The final effect of the judgment remains open.

Our recommendation for operators

• Status check: Audit concept, signage, personnel/restocking organisation; no sales-outlet-like service elements on Sunday.
• Documentation: Document processes (restocking only on working days/outside Sunday rest periods), youth protection/alcohol compliance.
• Location coordination: Prior dialogue with the municipality – de-escalation and legal certainty.
• Monitoring: legislative initiatives in NRW to keep an eye on; prepare adjustment scenarios.

Our recommendation for municipalities

• Base measures specifically on security/youth protection/gastronomy/tax law; no substitute law via interpretation of the LÖG NRW. Before issuance: Create a review certificate regarding the principle of legal certainty (Art. 103 (2) GG).

Would you like to plan your vending machine areas legally securely or have an administrative notice reviewed?

AVANTCORE Rechtsanwälte in Stuttgart advise operators and municipalities nationwide quickly, thoroughly and practically – with a focus on LÖG, ArbZG, Employment protection law and Municipal law.