The Council of State agrees with the mayor of Paris and judges that dark stores are “warehouses”


The Council of State ruled on Thursday that the “dark stores” were “warehouses” giving reason to the town hall of Paris in the litigation which opposes it to Frichti and Gorillas. Tobias Schwarz/AFP

The delivery companies used premises that were originally “traditional businesses”.

The Council of State ruled on Thursday that the “dark stores” were “warehouseswithin the meaning of the urban planning code and the local Parisian urban plan, giving reason to the mayor of Paris in the litigation which opposes it to Frichti and Gorillas.

Dark stores are premises where these fast delivery companies store everyday products, the same as in a city center convenience store (food, toilet paper, shampoo, etc.), to deliver them quickly to users of their applications. But this activity is criticized by many elected officials around the world, who denounce pell-mell, the arrival of “warehouse towns», nuisances for local residents due to the comings and goings of scooters and delivery people, even «lazy economy“.

The mayor of Paris had turned against several dark stores installed in premises previously housing traditional businesses, accusing them of not having declared their activity as warehouses. Minutes were drawn up. Frichti and Gorillas contested and won a first legal battle in October 2022.

However, the Council of State, ruling in cassation, finally considered that they “should have filed a declaration with the town hall to use as +dark stores+ premises that were originally traditional businesses“. PS Mayor Anne Hidalgo’s deputy for town planning, Emmanuel Grégoire, shouted “Victoire!” on Twitter. “As of now, the financial sanctions that have been suspended“by the administrative court”will be restarted. These illegal warehouses will be fined“, he said.

“Unauthorized change of activity”

In October, the administrative court had suspended nine reports of infringements of the town planning code issued by the town hall of Paris, recognizing them as a “collective interest“because allowing”to optimize delivery times and methods in urban areas» and therefore «reduce truck traffic and the number of delivery points in intramural Paris“.

The Council of State considered on Thursday that there had indeed been “an unauthorized change of activity“, and canceled the suspension of the judge in chambers. “These premises store goods to quickly deliver customers and are no longer intended for direct sale within the meaning of the town planning code.“, he estimated. They do not fallnot of the category constructions and installations necessary for public services or of collective interest» in the Paris PLU“, he continued.


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