Section 3: Appeals against the decision of the departmental committee.

I.-Conforming to article L. 425-4 of the town planning code, the applicant, the State representative in the department, any member of the departmental commercial development commission, any professional whose activity, carried out within the boundaries of the trading area defined for each project, is likely to be affected by the project or any association representing them may, within a period of one month, lodge an appeal with the National Commercial Development Commission against the opinion of the departmental commercial development commission.

The Commission nationale d'aménagement commercial issues an opinion on the compliance of the project with the criteria set out in article L. 752-6 of this code, which replaces that of the departmental commission. In the absence of an express opinion from the national commission within four months of its referral, the opinion of the departmental commercial development commission is deemed to be confirmed.

On pain of inadmissibility, referral to the national commission by the persons mentioned in the first paragraph of this I is a mandatory prerequisite to a legal action against the decision of the administrative authority competent to issue the building permit. The mayor of the municipality in which the project is located and the representative of the State in the département are not obliged to exercise this prior appeal.

II.-Where the implementation of the project does not require a building permit, the persons mentioned in the first paragraph of I may, within a period of one month, lodge an appeal against the decision of the departmental commercial development commission.

The Commission nationale d'aménagement commercial issues a decision that replaces that of the departmental commission. In the absence of an express decision by the national commission within four months of its referral, the decision of the departmental commercial development commission is deemed to be confirmed.

On pain of inadmissibility, referral to the national commission is a mandatory prerequisite to a contentious appeal.

III.-The departmental commercial development commission informs the national commercial development commission of any project mentioned in article L. 752-1 whose sales area reaches at least 20,000 square metres, as soon as it is submitted.

IV.-The departmental commercial development commission must, as soon as the application file is submitted, inform the National Commission for Commercial Development of any project mentioned in Article L. 752-1 whose sales area is greater than 20,000 square metres or which has already reached the 20,000 square metre threshold or is expected to exceed it by the completion of the project.

V.-The Commission nationale d'aménagement commercial may refer to it any project mentioned in Article L. 752-1 with a sales area of at least 20,000 square metres within one month of the opinion issued by the commission départementale d'aménagement commercial in accordance with I of this Article or following the decision made in accordance with II.

It issues an opinion or a decision on the project's compliance with the criteria set out in article L. 752-6. This opinion or decision replaces that of the departmental commission. In the absence of an express opinion or decision from the national commission within four months of its referral, the opinion of the departmental commission for commercial development is deemed to be confirmed.