BOOK VII: Commercial jurisdictions and the organisation of commerce.

The Commission hears the applicant. It may also hear, on its own initiative or at the written request of the commission secretariat, any person whose opinion is relevant to the examination of the application before it. When it examines the first commercial development authorisation application submitted for a project, except for the procedure laid down in article L. 752-4, the departmental commission also hears the persons mentioned in I of…

The committee may only deliberate if at least the majority of its members are present. If this quorum is not reached, a second meeting is convened. The committee shall meet at least three days after the date of dispatch of the second notice. The committee may only deliberate if at least one third of its members are present. For the purposes of calculating the quorum, the qualified persons mentioned in…

The committee votes by name. The authorisation is adopted by an absolute majority of the members present, the qualified persons mentioned in 3° of II, 3° of III and 3° of IV of Article L. 751-2 of the French Commercial Code not being taken into account. The opinion or decision shall state the reasons on which it is based, shall be signed by the Chairman and shall indicate the meaning…

Committee members shall maintain secrecy with regard to both the deliberations and the documents of which they have become aware in the course of their duties.

Within one month of the commission meeting, the minutes of the meeting are sent by any means to each member of the commission and to the government departments that investigated the application.

Within ten days of the committee meeting or the date of tacit authorisation, the committee’s decision or opinion is: 1° Notified by the prefect to the applicant and, if the project requires planning permission, to the authority competent to issue planning permission, either by administrative means against a receipt, or by registered letter with acknowledgement of receipt, or, in the case provided for in Article R. 752-8, by e-mail; 2°…

For projects requiring planning permission, the commercial operating authorisation lapses within three years of the date on which the planning permission became final: 1° For sales areas that have not been opened to the public; 2° For permanent withdrawal points that have not been opened to customers. This period is extended by two years for projects involving the creation of a sales area of more than 2,500 square metres up…