DIY store forced into five-day administrative closure

December 16, 2015, Illustration of the Administrative Tribunal of Lyon. – E. Frisullo / 20 Minutes

  • The Castorama brand in Saint-Clément-de-Rivière was the subject of a five-day administrative closure for non-compliance with the sale of so-called “non-essential” products.
  • It was subject to two checks by the services of the departmental population protection department before it closed.
  • The Montpellier administrative court rejected the request for interim relief filed by the company and confirmed the prefectural closure order.

Seized by an application lodged on November 18, court administeredf de Montpellier confirmed the administrative closure of the Castorama store in Saint-Clément de Rivière, near
Montpellier, decided by prefectural decree two days earlier.

On two occasions, on November 13 and 16, the store with a sales area of ​​over 400 m2 was subject to checks by the services of the departmental directorate for the protection of populations. The first time, the agents noted “the maintenance of the accessibility to the public of several departments of the sign including the families of products, relating to decoration, lighting, garden and kitchen furniture, as well as plants and flowers, toys and household linen ”, is explained in the prescription of the administrative tribunal.

Economic and social consequences

During their second visit, only an island of soft toys had been banned from sale. In the process, the prefecture had decided on this administrative closure of five days, until November 21.

To justify an emergency situation to suspend the execution of the prefectural decree, the company pointed out the important economic and social consequences of this measure. It also pointed out its disproportionate nature with regard only to the departments concerned by the prohibition of sale, which represented only 10.9% of its turnover.

No emergency to suspend the order by the judge

The administrative court rejected this request, considering “that it has not been shown that the closure of the store would be likely, given its short duration, to compromise the wage activity of the 123 employees of the site”. For the judge, “the only economic and financial consequences which the company avails itself of in support of its request do not allow, given the public interest which strives to fight against the strong resumption of the circulation of the virus in the within the population (…) to characterize the existence of an emergency situation to suspend the decree ”.

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