article 7 on signs and advertisements and an infringement of the freedom of enterprise

article 7 on signs and advertisements and an infringement of the freedom of enterprise

Climate and Resilience Law: Article 7 which provides that local advertising regulations may regulate advertisements and signs located inside shop windows constitutes an infringement of the property rights and entrepreneurial freedom of traders.

The independent traders organized in cooperative or associated groups that we represent are particularly concerned about article 7 of the “Climate and Resilience” bill, which we would like to see removed.

This article, which has been debated for several weeks within the various trade federations, provides that local advertising regulations (RLP) may regulate advertising and illuminated signs located inside shop windows or bays of a local. commercial. Such a measure will have a definite impact for many traders, already strongly impacted for more than a year now by the various confinements and successive restrictive measures.

Such a decision would be likely to disproportionately infringe the property rights and freedom of entrepreneurship of traders, while some of them are already struggling to plan for the medium term.

Heavy investments already made to modernize shop windows as part of the desired revitalization of city centers

We would like to point out that many networks, real estate agencies, pharmacies and opticians for example, have made significant investments to modernize their windows by equipping them in particular with luminous screens that consume little energy by nature and programmed to comply with the obligations of night-time extinction.

The showcase is for the merchant a tool for attracting its brand and its brands, designed in a homogeneous manner at the national level. The implementation of local window advertising regulations would lead to a heterogeneous situation making this essential step impossible for the many businesses organized in a network.

This article 7 turns out to be totally contradictory to the objective of digital transformation of businesses that the State is calling for, while various plans to digitize businesses have been initiated and retailers have for months been strongly encouraged to develop digital actions and reinvent themselves.

This article is also in contradiction with the no less crucial objective of revitalizing city centers, one of the Government’s priorities through the Action Coeur de Ville Program. Shops are asked to bring dynamism and modernity to make city centers more lively and attractive, and these showcases naturally tend towards this objective.

At the same time, the principle of non-artificialization of soils enshrined in article 52 of the same bill has an exception in the event of insertion of the project in the intervention sector of a land revitalization operation ( ORT). By limiting the possibility of doing business through interference by the mayor in the operational sphere each time a window is visible from the public highway (which is its nature), we fear that such a measure will encourage businesses to move into shopping malls that are apparently less impacted.

Finally, window technology is evolving towards a digitalization of customer relations through dynamic screens. Throughout the sphere of civil society, stations, administrations, associations … we are observing an increase in the number of screens to facilitate the dissemination, accessibility and updating of information. We take issue with this measure, which runs counter to progress.

For this purpose, we want article 7 of the “Climate and Resilience” bill to be deleted in order to maintain the freedom to undertake and communicate businesses, already faced with multiple difficulties in recent months, businesses forced to adapt and constantly reinvent themselves in order to survive and face this unprecedented situation.

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