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Section 3: Appeals against the decision of the departmental committee.

Article L752-17 of the French Commercial code

I.-Conforming to article L. 425-4 of the town planning code, the applicant, the State representative in the department, any member of the departmental commercial development commission, any professional whose activity, carried out within the boundaries of the trading area defined for each project, is likely to be affected by the project or any association representing them may, within a period of one month, lodge an appeal with the National Commercial…

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Article L752-19 of the French Commercial code

The mayor of the commune in which the site is located, who is a member of the departmental commission whose decision or opinion is the subject of the appeal, is heard by the national commission at his request. At his request, the departmental commercial development commission whose decision or opinion is the subject of the appeal appoints, from among its members, a member who sets out the commission’s position prior…

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Article L752-20 of the French Commercial code

The Chairman of the National Commission has the casting vote in the event of a tie. The decisions of the national commission shall indicate the number of votes in favour and against, as well as any abstentions. Reasons must be given in accordance with articles L. 211-2 to L. 211-7 of the code des relations entre le public et l’administration.

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Article L752-21 of the French Commercial code

An applicant whose project has been rejected on substantive grounds by the National Commission for Commercial Development may not submit a new application for authorisation on the same plot of land, unless he has taken into account the reasons for the decision or opinion of the National Commission. Where the new application does not constitute a substantial modification within the meaning of Article L. 752-15 of this Code, it may…

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Article L752-23 of the French Commercial code

One month before the date on which the project is due to open to the public, the beneficiary must send the representative of the State in the department, the mayor and the chairman of the public establishment for inter-communal cooperation with its own tax system, of which the commune in which the project is to be implemented is a member, a certificate drawn up at the beneficiary’s expense by a…

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Article L752-25 of the French Commercial code

All contracts worth more than a threshold defined by decree, entered into by public or private persons in connection with the implementation of a project covered by this Title and within a period of two years of the completion of the said project, shall be communicated, in accordance with the procedures laid down by decree, by each contracting party to the Prefect and the Regional Audit Office. This obligation also…

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