BOOK VII: Commercial jurisdictions and the organisation of commerce.

The time limit for appealing against a decision or opinion of the departmental commission is one month. It runs: 1° For the applicant, from notification of the decision or opinion; 2° For the prefect and the members of the departmental commission, from the commission meeting or, in the case of a tacit decision or opinion, from the date on which authorisation is deemed to have been granted; 3° For any…

The appeal shall be submitted to the chairman of the Commission nationale d’aménagement commercial by any secure means or, where it is submitted by the prefect, by ordinary administrative channels. On pain of inadmissibility, the appeal shall state the grounds on which it is based and be accompanied by proof of the capacity and interest giving cause to act of each appellant. Where the appeal is submitted by several persons,…

On pain of inadmissibility of his appeal, within five days of its presentation to the national commission, the appellant, if he is different from the applicant for the commercial development authorisation, communicates his appeal to the latter either by registered letter with acknowledgement of receipt, or by any secure means. If it is not the applicant, the prefect of the département in which the site is located is informed of…

When, after the expiry of a period of two months following its receipt by the Chairman of the National Commission, a claimant withdraws his appeal against the decision or opinion of the Departmental Commission, the National Commission may nevertheless, in accordance with the rules laid down in the first paragraph of Article R. 752-38, decide to rule on the draft submitted to it. It shall inform the parties of its…

The four-month period provided for in I and II of Article L. 752-17 runs from receipt of the appeal by the secretariat of the national commission. At least fifteen days before the meeting of the national commission, the parties, and the member of the departmental commission appointed pursuant to the provisions of the fourth paragraph of Article R. 752-16 are convened to the meeting and informed that the national commission…