SCANDAL OF ILLEGAL HYPERMARKETS read on the website of Capital Journal February 12, 2011 The
08/02/2011 07:30 - Updated 08/02/2011 13:05
scandal hypermarkets illegal
For their muscles turnover, many supermarkets do not hesitate to spread without authorization. Since the government allowed to do ...
Better not upset, Jean-Pierre Gontier. In late August 2009, the pattern of blood Leclerc Olivet (Loiret) missed a beat when he surprised Claude Diot, Vice-President Association Frankly, trying to pry into his store with a ribbon geometry. Flanked by a bailiff and provided an order of the District Court of Orleans, the small trader was yet in its own right. "C ... Big, big enc ..." he was still swinging the ebullient master of the house (about the certified statement) before cutting the object of scandal with a pair of scissors.
But then sought to measure this strange land? The size of watermelons in promotion? The girth of a cashier? Thorniest: meters squares illegal. Small shopkeepers corner suspect in fact Jean-Pierre Gontier have increased its sales areas in defiance of the law. It would not be the first. Few clients know, but in recent years, dozens of hypermarkets have quietly pushed their walls, sitting on the rules. "It was however much more flexible to make them happy, but they always takes longer," fumed Claude Diot. Why do they interfere? Our investigation shows, to date, none has yet been hyper forced to backtrack. Consider, for example
Joel Chastenet. As the law requires for all projects over 1000 square meters, this ambitious entrepreneur in 2004 filed an application for permission to open a Intermarché 1200 square meters in Castets, peaceful town of 1,900 souls Landes . Logically, his case should terminate directly in the dumpster: with this new Musketeer, the surface of gondolas for 1 000 inhabitants was in effect from 207 to 345 square meters in area, twice the national average, and far more than the authorizes regulations. Against all odds, local officials have yet given them carte blanche to this implementation.
course, small local shop owners have filed an appeal illico court, but it has no suspensive Intermarché challenged opened its doors in 2006. "In a few months I lost 50% of my sales, laments Jean-Noel Mora, who was the last of the village grocery, an 8 at Eight. I had to lay my four employees, and I finally dropped the curtain in 2008. "
Even more infuriating to the merchant that justice has not stopped him right. On three occasions, the Administrative Court of Pau and the Court of Appeal Bordeaux have indeed set aside the leave granted by local officials, but each time they were quick to issue a new one. "I see nothing illegal," smiled the boss Intermarché Joel Chastenet, who made 6.6 million euros in turnover in 2008.
The new procedures should contain the appetites
(1) Crackle: Regional Business Improvement Committee. (2) Scot scheme of territorial coherence. Finally
good? This fall, the Senate considered a proposal for yet another law on urban planning commercial. Already passed first reading in the National Assembly in June, this new text removes county commissions and the National BIA, which grants so far to supermarkets operating permits. Now, building permits will be issued on the basis of the scheme of territorial coherence (Scot), or the local development plan (PLU), which defines once and for all nature and surface of shopping areas. A regional commission of commercial development of nine members (six elected members) continue to endorse in a few - rare - situations.
Some supermarkets have expanded several times in a row this time. "Others have immediately marked their territory by installing shelves on gardening outdoor parking spaces, before you build real-rays hard. "In total, 5 to 7 million square meters were probably opened in this way," Jean Gaubert calculated. An increase from 10 to 15% of retail space in two months! In fact, no accurate census exists. Only a few prefectures out the calculator: Finistère announced that 95 extensions for 57,000 square meters, the North 80 000 square meters.
But all the signs have not benefited as much. Carrefour and Cora, by choice, and Intermarché, for lack of speed, relatively few have exploited the window. Auchan, by cons, conducted twenty extensions, and System U fifty just in the north-west of France, according to "Linear", the monthly distribution. But palm oil stain goes without question to members Leclerc. "They were by far the most reactive, says Bertrand Boulle. Some of them were able to increase the surface - hence the value - of 30% of their stores within weeks. "
the radius DIY, Leroy Merlin has also struck a blow, extending nearly 1000 square meters two-thirds of its 110 stores, a gain of 80 000 square meters a total fleet of approximately one million. "Prior to the extensions, we have taken insurance from the government, denies Pascal Malfoy, deputy CEO of the chain. Besides, no one attacked us. "Jerome Bedier, president of the Federation of Commercial and distribution, is on the same line:" We have all used the circular building legally in connection with the prefects. There is no need to return. "Really?
A closer inspection, only a handful of supermarkets have taken the trouble to regularize their situation by local officials. The others are still banned and could well be challenged in court. "And it's a safe bet that they would lose before the Council of State," says Joel Rouach, a lawyer specializing in trade. Outraged, Senator Sueur wrote last April an official question to Christine Lagarde on this point. Will believe it does? The lady of Bercy has still not responded.
Gilles Tanguy
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