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ATA/32/1998•Shop inside restaurant qualifies as a shop
ATA/32/1998Corte di giustizia / Camera amministrativa27 gen 1998Confirmed
Estratto da Omnilex
The case concerns a boutique located inside a restaurant. The court held that the boutique still meets the definition of a shop and therefore remains subject to the ordinary closing hours. The challenged classification was upheld, with no indication that the restaurant setting exempted the retail space from the applicable opening-hours rules.
LHFM art. 3 al. 1; opening-hours regime for shops; qualification of a retail outlet situated within another establishment: a sales area retains its character as a shop if it is used for retail activity, notwithstanding its integration into premises of a different main use. The physical location within a restaurant does not, by itself, exclude the application of the closing-hours rules reserved to shops. The decisive criterion is the objective retail function of the premises, not the landlord's or host establishment's dominant activity.
Descripteurs
MAGASIN; HEURE D'OUVERTURE; OUVERTURE(EN GENERAL); EP
Normes
LHFM.3 al.1
Résumé
La boutique située à l'intérieur d'un restaurant répond à la définition de magasin et reste soumise aux heures de fermeture usuelles.
Estratto da Omnilex
Whether a boutique located inside a restaurant qualifies as a shop under the applicable opening-hours rules.
Yes. A shop located inside a restaurant still falls within the definition of a shop.
The decisive factor is the nature of the activity and premises as a retail outlet; its location inside another establishment does not remove it from the scope of the shop-opening-hours regime.
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