CASE COMMENTS: PUBLIC SECTOR - FRANCE - LAND USE PLANNING - PRIOR ADMINISTRATIVE AUTHORIZATION - FREEDOM TO UNDERTAKE

Freedom to undertake: The Constitutional Council considers that the e) of 1° of paragraph I, and certain provisions of paragraph III and paragraph IV of article L. 752-6 C. com. relating to the criteria on which the departmental commission of commercial development is based to deliver a preliminary administrative authorization, do not disregard the freedom to undertake (Conseil national des centres commerciaux)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. NB: This decision has been the subject of a "to be noted" in an issue 2020-2. In view of the interest of this decision, it seemed appropriate to devote a more important comment to it. The administrative authorizations prior to the exploitation of commercial and artisanal activities appeared with the adoption of the Royer law of 27 December 1973 (Law No. 73-1193 of 27 December 1973 on the orientation of trade and crafts). This law set up a mechanism making the installation or extension of commercial operations subject to prior administrative authorization. These authorizations were granted by a "departmental commercial planning commission", "taking into

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • University Paris II Panthéon‑Assas

Quotation

Jeremy Martinez, Freedom to undertake: The Constitutional Council considers that the e) of 1° of paragraph I, and certain provisions of paragraph III and paragraph IV of article L. 752-6 C. com. relating to the criteria on which the departmental commission of commercial development is based to deliver a preliminary administrative authorization, do not disregard the freedom to undertake (Conseil national des centres commerciaux), 12 March 2020, Concurrences N° 4-2020, Art. N° 97672, pp. 229-231

Visites 135

All reviews