Chapter II: Other auctions.

Public auction and wholesale goods sales rooms, provided for by Article L. 322-12, may be opened by a natural person, by a commercial or industrial company, by a credit institution or a finance company, by virtue of an authorisation given by an order of the Prefect, following the opinion of the territorial chamber of commerce and industry and the commercial court. Auction rooms may be specially formed for one or…

Anyone applying for authorisation to open a public auction room must provide evidence of resources commensurate with the size of the proposed establishment.

Owners or operators are responsible for the custody and preservation of the goods entrusted to them, except for natural damage and waste arising from the nature and packaging of the goods or from force majeure.

Auction room operators may take charge of any operation having as its object the conveyance of goods into the auction room. They may also take charge of insuring the goods of which they are holders, either by means of collective policies or special policies, according to the orders of the interested parties. They may, in addition, be authorised to undertake any operations whose purpose is to facilitate the establishment’s relations…

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.