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Article R752-44-14 of the French Commercial code

Where the commercial development falls under article L. 752-1-1, the project owner must publish a notice of the opening to the public in two regional or local newspapers circulated in the département, at least one month before the planned opening date. The project promoter is defined as the owner of the land or building or, where applicable, any person authorised by the owner to build or commercially operate the facility….

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Article R752-44-16 of the French Commercial code

For projects carried out under the provisions of article L. 752-1-1, the prefect has a period of two months from the date of receipt of the publications referred to in article R. 752-44-14 to contest the benefit of the provisions of article L. 752-1-1 to the commercial facility that has been built.

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Article R752-44-17 of the French Commercial code

Within the two-month period referred to in articles R. 752-44-15 and R. 752-44-16, the prefect: 1° May ask the project developer for any explanations relating to the conformity of the commercial development with the commercial development permit issued or to the application, to the commercial development being developed, of the provisions of article L. 752-1-1. This request does not affect the running of the period mentioned in the first paragraph;…

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Article R752-44-18 of the French Commercial code

For the application of the provisions of article L. 752-5-1 and of II of article L. 752-23, the Prefect may appoint officials authorised for this purpose by the Minister for the Economy to carry out inspections. Where an infringement of articles L. 752-1 and L. 752-23 and the texts implementing them is observed, the operator concerned is informed, with the responsibility, where applicable, of informing the holder of the commercial…

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Article R752-44-19 of the French Commercial code

For the application of the provisions of article L. 752-5-1 and of II of article L. 752-23, the mayor, on the territory of his municipality, or, if he is competent, the president of the public establishment for inter-municipal cooperation, on the territory of its member municipalities, may mandate his authorised agents to carry out controls. If an infringement of articles L. 752-1 and L. 752-23, and to the texts adopted…

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Article R752-45 of the French Commercial code

When a commercial facility subject to authorisation for commercial operation ceases to be operated for commercial purposes, the owner of the site where the facility is located shall notify the date on which commercial operation ceases to the prefect of the département of the commune where the facility is located. A commercial facility that is not open to the public is not operated for commercial purposes. The three-year period provided…

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Article R752-46 of the French Commercial code

At the end of the three-year period provided for in article L. 752-1, the owner or owners of the buildings shall notify the prefect of the département in which the site is located of the measures planned to dismantle and restore the site and the timetable for the operations. Dismantling and site restoration operations include: 1° The dismantling of the installations, including the foundations, equipment and fittings made for the…

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Article R752-47 of the French Commercial code

The dismantling and restoration obligation mentioned in article L. 752-1, commercial facilities: 1° Located in buildings that are not intended exclusively for commercial use; 2° Located in buildings where certain premises are used for commercial purposes; 3° Subject to a rehabilitation programme or an actual change of use. The obligation ceases if the commercial operation is resumed or one of the situations listed above occurs. .

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Article R752-48 of the French Commercial code

In the event of failure to comply with the requirements of articles R. 752-45 and R. 752-46, the Prefect will ask the owner of the site to provide explanations of the planned measures and the timetable for operations within two months. After this deadline, and in the absence of sufficient justification, the prefect will give formal notice to the owner of the site to dismantle and restore the site within…

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