BOOK III: Certain forms of sale and exclusivity clauses.

Auction hall operators are prohibited from engaging directly or indirectly, on their own behalf or on behalf of others, in any trade or speculation involving goods.

Auction room operators are required to make the auction rooms available, without preference or favour, to any person wishing to shop or sell their goods, under the terms of articles L. 322-8 et seq.

Public auction rooms are subject to the general police measures concerning public places used for trade, without prejudice to the rights of the customs service, when they are established in premises placed under the customs warehousing arrangements provided for by Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, together with Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down certain provisions for…

Rates drawn up by the operators of auction rooms, in order to fix the remuneration due for storage, handling, room hire, sales and generally for the various services that may be rendered to the public, shall be sent before the opening of the establishments, to the prefect and the territorial chamber of commerce and industry and the commercial court consulted on the application for authorisation. All changes to rates must…

Each establishment shall adopt internal rules which shall be communicated in advance, together with any changes thereto, in accordance with the provisions of Article R. 322-8.

The legislative and regulatory provisions, the tariff and the internal regulations are and remain posted at the main door and in the most conspicuous place of each establishment.

In the event of contraventions or abuses committed by auction room operators that are likely to cause serious harm to the interests of the trade, the authorisation granted may be revoked by an act issued in the same form as that authorisation, and the parties heard.

Owners or operators of public auction rooms may not transfer their establishment without an authorisation issued in the same form and by the same authority as for the original authorisation.

The provisions of articles R. 322-3 and R. 322-6 are applicable to sales under the articles L. 322-14 and L. 322-15.

The court decision authorising or ordering the sale under articles L. 322-14 and L. 322-15 is included in the minutes of the sale.