Over the last few years, dark stores have popped up all across Europe. A dark store is a physical location exclusively dedicated to online sales and fast deliveries (quick commerce). Such premises are not opened to consumers and have been designed and fitted out specifically for instant home deliveries.
In France, the opening of dark stores has to be made in compliance with town planning regulations. However, in the absence of a legal qualification they have been either classified as warehouses or as shops. This classification is not without consequences, since local authorities can control the implementation of a warehouse, unlike retail units. Such ambiguity had until now not prevented leading fast commerce operators from expanding in the largest French cities. Yet, in the hope of clarifying the regulatory framework and ease the development of this fast-growing business model, the French government was urged both by companies and local authorities to clarify the status of dark stores. In favour of the development of dark stores, which create many jobs, a draft ministerial decree was made public in August to consider that dark stores should be regarded as retail shops and not as warehouses. The fierce reaction of the major municipalities – their willingness to control the development of their city centres and limit the neighbourhood disturbances that could be induced by this activity – was unexpected.
The French government now seems to adopt another position and intends to publish a new regulation to consider that all dark stores, without exception, should be regarded as warehouses. Such a regulation would threaten the existence of many operators despite their substantial efforts to mitigate alleged nuisances and respond to unjustified criticisms. It is hoped that the new regulation will grant sufficient latitude and possibility for such businesses to continue to operate.
For further information, please contact:
Alexandre Vuchot, Partner, Bird & Bird
alexandre.vuchot@twobirds.com
