An opinion or decision is adopted by a majority of the members present. In the event of a tie, the Chairman shall have the casting vote. The opinion or decision shall state the reasons on which it is based, shall be signed by the Chairman and shall indicate the number of votes in favour and against as well as the number of abstentions. When this opinion or decision is favourable,…
Within one month of the meeting of the national commission or the date of tacit confirmation, the decision or opinion is notified to the applicant, to the applicant, if different from the applicant, to the prefect and, if the project requires planning permission, to the competent planning permission authority. For projects covered by article L. 752-1, within ten days of notification, the decision or notice is published in the Recueil…
When a project relates to a facility with a sales area of more than 20,000 square metres, the secretariat of the departmental commission must, within ten clear days of receiving the application for commercial authorisation, send the national commission a dematerialised copy of the application accompanied by the file.
The secretariat of the national commission informs, by any means, the members of the national commission of applications for authorisation to operate a business and of the decisions or opinions of the departmental commissions covered by V of article L. 752-17. The one-month period provided for in V of article L. 752-17 runs from the date of notification to the secretariat of the national commission of the opinion or decision…
On a proposal from its chairman or at least four of its members, the national commission, by an absolute majority of the members present, shall refer a project to itself pursuant to V of Article L. 752-17. The chairman of the national commission notifies the national commission’s decision, by registered letter with acknowledgement of receipt or by secure electronic mail, to the prefect of the département in which the site…
The four-month period provided for in V of article L. 752-17 short as from notification of the referral decision to the claimant. Articles R. 752-35 to R. 752-39 apply to the procedure provided for in V of Article L. 752-17. The procedure provided for in V of Article L. 752-17 does not preclude appeals against the decision or opinion of the departmental commission. The national commission shall rule on all…
The opinion or decision of the Commission nationale d’aménagement commercial shall mention, where applicable, the option for the petitioner to apply directly to the Commission for a new authorisation in accordance with the procedure set out in article L. 752-21.
When the project does not require planning permission, the new application is sent to the chairman of the Commission nationale d’aménagement commercial under the conditions defined in article R. 752-11. If there is more than one claimant, the request must specify the place where they elect domicile. Failing this, notifications, summonses and other documents are validly addressed to the domicile of the first named.
When completion of the project requires planning permission, the new application is submitted in accordance with the provisions of articles R. * 423-2 et seq. of the town planning code. The mayor forwards this request to the secretariat of the Commission nationale d’aménagement commercial under the conditions set out in the second paragraph of the article R. 423-13-2 of the same code.
The new application must include, in addition to the opinion or decision of the National Commission on the project, the updated commercial development authorisation application file. If the application is not accepted, it must be accompanied by a summary of the adjustments made to the project. On pain of inadmissibility, the applicant has five days from the date of referral to the National Commission to notify the new application to…
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.
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
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
Resources
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
Useful links
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.
