Two brands of "dark stores" obtained a first legal success against the town hall of Paris by suspending nine reports of infringement of the town planning code.

The formal notices sent in June and July by the city to the companies Frichti and Gorillas, summoned to restore "in their original state" nine premises under penalty of an administrative penalty of 200 euros per day of delay, are suspended, a decided the administrative court of Paris in an order issued on Wednesday.

These premises, where everyday products ordered on the Internet and delivered in a few minutes to the home are stored, "are of collective interest" in that they make it possible "to optimize the delivery time and method in urban areas" and therefore to "Reduce truck traffic and the number of delivery points in intramural Paris", estimated the judge in chambers.

“Urban logistics spaces”

“The interim judge considered that there was a serious doubt as to the qualification of the premises of Frichti and Gorillas, since these could be qualified as “urban logistics spaces” which, unlike the warehouse destination, is not prohibited by the PLU de Paris in the context of the transformation of existing premises on the ground floor on the street, ”reacted Gorillas in a press release.

“This is bad news in our fight against dark stores, which we have no doubt will succeed,” urban planning assistant Emmanuel Grégoire told the press.

On the front line in the face of this phenomenon with a hundred listed addresses, Paris is awaiting the publication of the decree promised in early September by the government to put an end to the "vagueness" over the status of these premises, confirmed as warehouses and not as shopping.

The city continues to examine its minutes

But "the administrative court did not rely on an order that did not come out", still regretted Emmanuel Grégoire, deploring an "aberrant decision in terms of law".

“Urban France supports the city of Paris because the risk of jurisprudence is real, assured in a press release this association which brings together 108 communities.

Legal instability will not help local authorities to implement a stable and concerted framework for commercial establishments in town centers and town centres.

»


Urban France does not share the theoretical vision of the Administrative Court of Paris concerning #darkstores.


The City of @Paris has chosen to appeal in cassation.

Urban France supports her in her approach because the risk of case law is real.

@egregoire https://t.co/jPfmN0swUh

– Urban France (@Urban_France) October 7, 2022

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“The judge indicated that the premises operated by Frichti and Gorillas are intended for the receipt and occasional storage of goods […], for the provision of these orders to bicycle deliverers, that the storage of goods is intended for be temporary, since the sales strategy […] is based in particular on the freshness of the products, “said Gorillas again.

The town hall, which had just notified financial penalties on four of these nine addresses, objects of the appeals of Frichti and Gorillas, will appeal in cassation before the Council of State, indicated Emmanuel Grégoire.

If this decision "will make us fall behind", still deplored the first deputy, the city will continue the instruction of these minutes, about forty at this stage, "despite the legal wavering", assured the right arm by Anne Hidalgo.

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  • Paris

  • Ile-de-France

  • Paris city hall

  • Trade