Mercadona has announced that it will open its establishments in Palma from 9 am to 3 pm on 31 December. This date is listed as an unauthorised opening Sunday for Ciutat de Palma and the majority of municipalities in the Balearic Islands. This has generated a conflict between the supermarket chain, other shops and the government.
Direcció General de Comerç has warned the company that it is exposed to sanctions for violating the regulations governing business hours. According to this, large supermarkets and supermarket chains are prohibited from opening on 31 December. This refers to establishments of more than 300 square metres.
The fines Mercadona faces could range from 1,500 to 30,000 euros. In the case of a very serious infringement, which would be the case if turnover exceeds 300,000 euros, the fines could reach up to 300,000 euros per establishment. In total, Mercadona has 21 shops in Palma.
The origin of the conflict dates back to October 2022, when the Mesa de Comerç agreed that in 2023 there would be a maximum number of ten public holidays on which free opening would be allowed, as these dates would not be subject to the general opening hours regime. Neither 31 December nor 7 January were among those days.
The agreement was backed by the employers’ associations of small retailers -Afedeco, Pimeco and Pimem-Comerç- and by the trade union organisations that are members of the Mesa. The National Association of Large Distribution Companies (ANGED) – which includes Carrefour, Alcampo and El Corte Inglés, among others – and the Association of Distributors of the Balearic Islands (ASODIB) – which includes Mercadona, Aldi and Lidl, which is a subsidiary of the state-owned ASEDA – took a stance against the agreement. The Association of Consumers and Users (Consubal) also objected, considering that the decision limited users’ options on key dates for consumption, in the midst of the Christmas holidays.
The agreement, however, left open the possibility for each town council to exchange two of the days of free opening for another two days of their choice. Manacor, Inca, Andratx, Ciutadella, Marratxí, Sant Antoni de Portmany and Sant Josep de Sa Talaia did substitute these dates, in response to requests from the large chains. In the case of Palma, the ban on opening on these dates remains in place.
It should be noted that, despite the general regulations, and the specific regulations in the municipalities that modified the official calendar, there are certain exceptions. The premises located in areas classified as areas of great tourist affluence (ZGAT), such as the centre of Palma, are free to determine the days and hours they are open to the public.
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