Good Friday law

Peep shows are allowed on this day, concerts are not

In 2019, the Constitutional Court revoked Good Friday as a public holiday for Protestants - now a special Good Friday rest is also in doubt.

(Bild: APA/ROLAND SCHLAGER)

On what can and can't be done in court: two curious proceedings from Carinthia could have far-reaching consequences - on the one hand, a controversial ban on events at Easter is in doubt, and on the other, it is being examined whether staffless self-service huts are vending machines or farmers' markets.

What began six years ago with the first Ackerbox in Spittal can now be found in many corners of the country: Self-service boxes from food producers that are open 24/7 - in other words, every day and around the clock. In theory.

In practice, the Constitutional Court has put a stop to this and determined that an upper opening hours limit of 72 hours generally applies to unmanned sales huts.

Editor Kerstin Wassermann reports from Carinthia on the latest legal developments.

(Bild: Uta Rojsek-Wiedergut, Krone Kreativ)

For the time being. The MyAcker team, which also lost its case at the Carinthian Provincial Administrative Court after being fined, is continuing to fight against this restriction, as it sees itself as a "vending machine" and not a "farmers' market": "We believe that it is urgently necessary to rethink antiquated legal regulations - keyword digitalization - which is why our path here continues to the next instance," says Kathrin Angermann-Wernisch.

The Ackerboxes were fined for exceeding the weekly opening hours - and have so far been unsuccessful in their appeals. Now it's up to the Administrative Court.

(Bild: Evelyn Hronek)

The case is now before the Administrative Court, which is also to deal with the sales hours. "Our Ackerboxes are operated entirely without staff on site and should therefore not be subject to laws that serve to protect employees," says Angermann-Wernisch. The constitutional judges have so far seen it differently: "The general objectives served by store closing and opening hours regulations, namely the protection of consumer interests, the objective of the competitive order and the socio-political function, are in the public interest."

Carinthia should be quiet on Good Friday
It will also be interesting to see how the supreme court judges in Vienna deal with the Carinthian Good Friday silence. Last year, a Villach club did not comply with the Carinthian Events Act, which prohibits events on Good Friday, and was fined 400 euros after a police visit for a concert.

The case is now before the Constitutional Court, which has already expressed serious concerns in advance regarding the "freedom of art, freedom to make a living and the principle of equality": "An absolute and punitive ban on events is likely to be excessive and therefore neither suitable nor necessary to achieve the (legitimate) goal of the undisturbed practice of religion," it says.

In addition, the Carinthian law also allows for curious exceptions - peep shows, table dancing, gambling, betting, customs, museum exhibitions and dance lessons are not covered by the ban; animal shows, film screenings, lectures, shows, dance events and amusements are. Sporting competitions are also prohibited; for example, Austria's ice hockey team had to play a World Cup test match against Belarus in Villach years ago as a "ghost match" in front of empty stands.

This could change: Legal review proceedings are already underway; in any case, the decision will be made before next Easter.