Who may open, who may not? What about the 800 square metres? Is there a chance of opening my store and getting compensation? These are the questions that worry retailers these days. Before proceeding any closer to the actual debate on opening up the market, let us briefly shed light on the currently confusing and extremely volatile legal situation and make recommendations for action, one essential thing first:
Some people may think that it makes no sense to resist and that one can wait and still insist on compensation later on. However, such a procedure contradicts central principles of state liability law and can quickly lead to a situation in which one can neither open one's shop nor assert claims later on. Hence the clear recommendation: Seek opening first and foremost!
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