Article L752-12 of the French Commercial code
November 7, 2023
Applications for authorisation are examined by local government departments.
Applications for authorisation are examined by local government departments.
I. – The Commission départementale d’aménagement commercial authorises projects by an absolute majority vote of the members present. The minutes shall indicate the meaning of the vote cast by each of these members. The Prefect, who chairs the departmental commission, does not take part in the vote. II. – The commission départementale d’aménagement commercial shall give its decision within two months of the matter being referred to it. After this…
Commercial authorisation is issued prior to the completion of the project if planning permission is not required. The authorisation is granted per square metre of sales area. A new application is required if the project, during the appraisal process or during its completion, undergoes substantial changes as a result of the petitioner with regard to the criteria set out in article L. 752-6. When it becomes final, the authorisation to…
For permanent points for the withdrawal by customers of retail purchases mentioned in Article L. 752-3, authorisation is granted per supply lane and per square metre of floor space, whether built-up or not, allocated to the withdrawal of goods.
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…
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…
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.
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…
Committees authorise or refuse projects in their entirety.
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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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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