In the battle that the City of Paris has been waging for more than a year and a half against the “dark stores”, it has just won a new victory. By canceling, on Thursday March 23, the interim order of the Paris administrative court issued on October 5, 2022, the Council of State vindicates the municipality, which considers that these premises intended for express delivery are warehouses and not warehouses. shops or urban logistics spaces. They therefore had no right to set up shop in shops without permission.
These blind premises devoted to the delivery of shopping ordered online sign the death of local commerce, of the city as we love it, denouncing for months the mayors, those of Paris and the big cities in mind. In view of their growth, and faced with brands that are not concerned with respecting the rules, elected officials have appealed to the government.
Last summer, they even feared the publication of a text that would legalize in trade what they consider to be mini-warehouses. Immediately, the ministers responsible for trade and housing reassured them: dark stores are indeed warehouses; the decree then promised has just been published in the Official newspaper Friday March 24.
Statement
At the same time, the City of Paris gave notice to the companies to regularize their situation and issued financial penalties. It is to contest these formal notices that the companies Frichti and Gorillas seized the administrative court. In October, the judge in chambers, considering that these premises could be considered as urban logistics spaces, suspended these decisions. The City appealed to the Court of Cassation.
Two questions were raised during the hearing held on March 6 before the Council of State. The first was whether the City’s requests to restore the premises were legal when no work had been carried out, assured Gorillas and Frichti. It does not matter whether work has been carried out or not, considers the Council of State. Insofar as the destination of the premises has changed, this new activity was subject to prior declaration. However, the direction of town planning has never been seized. The City, which seeks to enforce the regulations, is therefore in its right, judge the magistrates.
The second question relates to the very nature of the premises. In their communication, Frichti − since acquired by Gorillas − and Gorillas − itself acquired by Getir − claim to be traders. In his October order, the judge in chambers considers these places to be “urban logistics spaces”.
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