Dark stores are not a commercial activity

The Paris City Council gave notice to two businesses for rapid delivery to return some of their premises to their original condition on the ground that they had changed destination without prior notification. These premises, formerly used for direct sales, were now intended for the reception and storage of goods to be delivered on time. The two businesses brought proceedings before the judge hearing applications for interim measures of the Paris Court challenging those decisions.

The judge hearing applications for interim measures of the Administrative Court of Paris has suspended the decisions taken by the Paris City Council. It held that the premises corresponded to an urban logistics area within the meaning of the regulations of the local city planning plan of the City of Paris. The Paris City Council has brought an appeal in cassation.

The Conseil d’État annulled the order of the judge hearing the application for interim measures of the tribunal administratif de Paris on the ground that the occupation of the premises by the two businesses did not correspond to urban logistics logic but to an activity falling within the ‘Warehouse’ destination. In the present case, the businesses used these premises for the storage and repackaging of products not intended for direct sale. There was therefore an illegal change of destination of the premises to the addresses concerned since the rules of the local city planning plan of Paris prohibit the conversion into a warehouse of premises on the ground floor of the street.