Protection of trade

When a preliminary alienation declaration has been filed with a municipal authority concerning a commercial or crafts business, commercial lease or land on which business premises have or will be built, it has two months in which to choose between waiving or exercising its pre-emption right.­

The principle of freedom of trade and industry is designed to prevent public entities competing with private persons or entities.

In contras­t with rights of pre-emption designed to protect local businesses, the exercising of pre-emption right for commercial building cannot be exercised by any commune.­

The commune must, within 2 years from the transfer becoming effective, retrocede the commercial or crafts business, commercial lease or land to a company listed on the Trade and Companies Register for it to be used in such a way as to preserve the diversity of the commercial or crafts activities in the zone concerned.

In order to have the boundaries of a protective zone for local businesses and crafts validly adopted, a mayor must submit a municipal council draft motion to the Chamber of Commerce and Industry and the Chamber of Trades and Crafts in the jurisdiction of which the commune is situated.­