Seized by an association, the administrative court of Marseille gave the prefect one month to sanction the illegal installation of a Marie-Blachère inside the Grand Frais supermarket.
This is an important victory for the association En Toute Franchise, which "fights against the abuses of mass distribution". The administrative court of Marseille handed down its judgment on May 6 concerning the Grand Frais-Marie Blachère stores located in Plan-de-Campagne (Bouches-du-Rhône). The association, based in Marignane, had attacked the prefecture and the two brands for having circumvented urban planning rules, during a hearing in April, reports La Provence on May 13.
During the hearing, the public rapporteur stressed that the two stores, opened in 2016, should have obtained authorisation from the Departmental Commission for Commercial Development, a mandatory step for areas of more than 1,000 m².
In the case of Plan-de-Campagne, specific regulations apply, but the brands have not complied with this procedure. The administrative court ruled that the Grand Frais-Marie Blachère stores are considered to be "part of the commercial complex of Plan-de-Campagne". As a result, "their opening required a commercial operating permit", which was not the case.
Closure Order
The court ordered the prefect to note the illegal operation of the stores, to give formal notice to the operators to close the offending sales areas, and as a last resort, to order the closure of the stores to the public until effective regularization. The Grand Frais and Marie Blachère brands will therefore have to comply with the law without delay. However, En Toute Franchise points out that the regulations in force do not allow the addition of a single square meter of additional commercial space, thus posing a major challenge for both stores.
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