Call Us + 33 1 84 88 31 00

Article L752-1 of the French Commercial code

Commercial authorisation is required for projects involving: 1° The creation of a retail shop with a sales area of more than 1,000 square metres, resulting either from a new construction or from the conversion of an existing building; 2° The extension of the sales area of a retail shop that has already reached the 1,000 square metre threshold or is expected to exceed it through the completion of the project….

Read More »

Article L752-1-1 of the French Commercial code

As an exception to article L. 752-1, the projects mentioned in 1° to 6° of the same article L. 752-1 which are not considered to result in artificialisation of the land within the meaning of V of article L. 752-6 and which are planned to be set up in an area covered by an operation to revitalise the area defined in I of article L. 303-2 of the French Construction…

Read More »

Article L752-1-2 of the French Commercial code

The representative of the State in the department may suspend by decree, after consultation with or at the request of the public establishment for inter-communal cooperation with its own tax status and the municipalities that are signatories to a territorial revitalisation operation agreement mentioned in article L. 303-2 of the Code de la Construction et de l’Habitation, the registration and review by the Commission Départementale d’Aménagement Commercial of applications for…

Read More »

Article L752-2 of the French Commercial code

I. – Combinations of the sales areas of neighbouring shops, without creating additional areas, not exceeding 2,500 square metres, or 1,000 square metres when the new activity is predominantly food, are not subject to a commercial operating authorisation. II. – Pharmacies and motor vehicle or motorbike shops are not subject to the commercial operating authorisation provided for in Article L. 752-1. III. – Covered or uncovered retail food halls and…

Read More »

Article L752-3 of the French Commercial code

I. – Shops which are brought together on the same site and which: 1° Either have been designed as part of the same land development operation, whether this is carried out in one or more phases; 2° Or benefit from facilities designed to allow the same clientele access to the various establishments ; 3° Or are subject to joint management of certain elements of their operation, in particular through the…

Read More »

Article L752-4 of the French Commercial code

I.-In municipalities with fewer than 20,000 inhabitants and, for projects that result in the artificial development of land within the meaning of V of article L. 752-6, in all communes, the mayor or the president of the public establishment for inter-communal cooperation with responsibility for town planning may, when an application for planning permission is submitted for the construction of a commercial facility with a surface area of between 300…

Read More »

Article L752-5 of the French Commercial code

In the event of abuse of a dominant position or a state of economic dependence on the part of an undertaking or group of undertakings operating one or more retail shops, or permanent points for the withdrawal by customers of retail purchases ordered by telematic means, organised for access by car, the mayor, the president of the public inter-communal cooperation establishment with its own tax system or the president of…

Read More »

Article L752-5-1 of the French Commercial code

Infringements of the provisions of Article L. 752-1, L. 752-23 and the texts adopted for their application are investigated and established by the agents mentioned in II of Article L. 450-1, under the conditions set out in articles L. 450-1, L. 450-2, L. 450-3, L. 450-7 and L. 450-8. Articles L. 521-1, L. 521-2 and L. 524-1 to L. 524-3 of the Consumer Code may be implemented following the findings…

Read More »

Article L752-6 of the French Commercial code

I.-The commercial operating authorisation referred to in Article L. 752-1 is compatible with the orientation and objectives document of territorial coherence schemes or, where applicable, with the development and programming guidelines of inter-municipal local town planning schemes including the provisions set out in the second paragraph of article L. 151-6 of the town planning code. The commission départementale d’aménagement commercial takes into consideration: 1° In terms of regional planning: a)…

Read More »

Article L752-6-1 of the French Commercial code

In communities covered by Article 73 of the Constitution and the overseas collectivities of Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon, and in accordance with Article 349 of the Treaty on the Functioning of the European Union, the Commission will take into account the economic power already held in the area by the company applying for a business licence. If its market share, calculated in terms of sales area, is likely to exceed…

Read More »

Contact a French lawyer now

Contact a French Business Lawyer

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.

Useful links

You have a question in French Business Law?

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.

All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.