The Council of State ruled on Thursday March 23 that “dark stores” were warehouses within the meaning of the town planning code and the local Parisian town plan. He thus sided with the mayor of Paris in the dispute between him and Frichti and Gorillas.
These “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 cities”, the nuisances for local residents because of the comings and goings of scooters and delivery men, even ” lazy economy.
Paris declares victory
The mayor of Paris had turned against several “dark stores” installed in premises which until then housed 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 Court of Appeal finally considered that they “should have filed a declaration with the town hall to use as ‘dark stores’ premises which were originally traditional businesses”.
PS Mayor Anne Hidalgo’s deputy for town planning, Emmanuel Grégoire, shouted “Victory! ” on Twitter.
Victoire !
The Council of State agrees with@Paris: darkstores are warehouses and nothing else.
As of now, the financial sanctions that have been suspended will be relaunched. These illegal warehouses will be fined. https://t.co/xhYA6fOWhI
— Emmanuel Gregoire (@egregoire) March 23, 2023
“Unauthorized change of activity”
In October, the administrative court had suspended by summary proceedings nine reports of infringements of the town planning code issued by the town hall of Paris, recognizing that they were of “collective interest” because they made it possible “to optimize in urban areas the time and the mode of delivery” and therefore to “reduce truck traffic and the number of delivery points in intramural Paris”.
The Council of State considered 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 said. They do not come under the category “buildings and installations necessary for public services or of collective interest” in the Paris PLU”.