Lausanne (awp / ats) – The Federal Court confirms the ban on night work in airport duty-free shops imposed by the Geneva courts. The range offered does not correspond to the legal conditions. Only a special authorization would make it possible to obtain an exemption from the general ban on night work.
In a judgment published on Monday, the 2nd Court of Public Law rejects the appeals of Geneva International Airport and LS Travel Retail, which operates seven duty-free shops in Cointrin. It concludes that the articles offered by this company do not meet, for the most part, the needs of travelers, as required by the Labor Act (LTr) to authorize night work, for example in certain service stations.
Sale of alcohol and cosmetics
Admittedly, the Appellant’s shops offer toiletries, cushions and travel masks, electrical adapters or sweet and savory snacks, in particular. But according to the concession between the airport and the company, it is expected that the latter will make 85% of its turnover on sales of alcohol and wine, tobacco, perfumes and cosmetics.
The judges of Mon Repos therefore consider that “the assortment put forward and overwhelmingly sold by the interested party goes, as a whole, well beyond what is necessary for travelers”. Its business model is simply to operate stores specializing in the sale of products normally subject to significant taxation. It responds to a consumer habit but not to a need of travelers.
The court did not comment on the possibility for the Appellant to request and obtain an exemption from the general ban on night work. This eventuality was not the subject of these proceedings. (judgment 2C_358 and 359/2020 of March 24, 2021)
ats / ck
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