French Consumer Law is a comprehensive and comparative overview of French and EU law in this field, covering: advertising, unfair commercial practices, conditions for the validity of contracts, unfair terms, product conformity, latent defects, product safety.

French Consumer Law

Mayors have police powers over their municipalities. Thus, under the rules on prior authorization of sales on temporary premises, when the sales area was less than 300 m², a mayor was empowered to assess the appropriateness of these commercial operations .
In exercising his/her power, the mayor had to take into account different considerations of public policy, general policy, protection of local  …

Powers of the mayor

Mayors have police powers over their municipalities. Thus, under the rules on prior authorization of sales on temporary premises, when the sales area was less than 300 m², a mayor was empowered to assess the appropriateness of these commercial operations .

In exercising his/her power, the mayor had to take into account different considerations of public policy, general policy, protection of local commerce, but also consumer protection. Decisions rejecting an application for authorization had to be reasoned,  and  the applicant informed, in writing, of the reasons for the refusal, as well as the legal or factual considerations that had led to the decision .

Now, the mayor is the only competent authority to receive prior declarations of sales on temporary premises. Although he no longer has the power to refuse the organization of an event when it takes place in the private domain, he retains a power to control sales organized in the municipal public domain, which require an authorization for the temporary occupation of the public domain, which he alone is entitled to issue. In this case, the case law rendered prior to the entry into force of the declaratory regime retains its value.

 The authorization was issued by the prefect of the department when the area was more than 300 m².

 The discretionary power left to the mayor could not justify a total and absolute ban on sales on temporary premises on the municipal territory for the sole purpose of protecting local trade, since this prohibition was contrary to the regime of free competition: See TA Poitiers, 24 June 1992, LawLex200300001839JBJ; TA Grenoble, 9 December 1992, LawLex200300001838JBJ. Similarly, a prefect cannot rely on the proximity of other shops to refuse to grant a request for a sale on temporary premises, without establishing how the event would have the effect of unbalancing local competition conditions: TA Amiens, 28 June 2007, LawLex201200001376JBJ. However, the mayor issuing a limited authorization sufficiently justifies his refusal by indicating a recent closing-down sale carried out by a member of the same corporation and the need, substantiated, to protect local trade and consumers during the Christmas period: See Cons. d'Ét., 10 July 1996, LawLex200300001776JBJ, upholding TA Châlons-sur-Marne, 19 October 1993, LawLex200300001837JBJ.

CAA Nantes, 24 December 2010, LawLex201200001291JBJ.

French Consumer Law

480. Powers of the mayor

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

480. Powers of the mayor

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise