French Commercial code
In forceI.-The Conseil des maisons de vente grants partial access to the activities of voluntary sale of furniture by public auction when all the following conditions are met:
1° The professional is fully qualified to carry on in a Member State of the European Union or a party to the Agreement on the European Economic Area the professional activity for which partial access is requested;
The differences between the professional activity for which partial access is requested and the professional activity for which partial access is requested are not such that the professional is not fully qualified to carry on the professional activity for which partial access is requested.
2° The differences between the professional activity legally pursued in the Member State of the European Union or party to the Agreement on the European Economic Area and the activity of voluntary sale of furniture by public auction in France are so great that the application of compensatory measures would be tantamount to requiring the applicant to follow the full education and training programme required in France in order to have full access to the activity in France;
The professional activity for which partial access is sought
3° The professional activity for which access is sought can objectively be separated from other activities relating to the activity of voluntary sale of furniture by public auction in France.
In assessing whether the condition referred to in 3° of this I is met, the Conseil des Maisons de Vente shall take into account whether the professional activity for the exercise of which access is sought can or cannot be exercised independently in the State of origin.
II.
II -Unless the knowledge acquired by the applicant is such as to make such verification unnecessary, the applicant for an establishment in France may be required to undergo an aptitude test in the field of the activities that he is authorised to pursue.
III -Partial access may be granted to the applicant for access to the professional activity for which access is sought.
III-Partial access may be refused for overriding reasons in the general interest if such refusal is proportionate to the protection of that interest.
IV-The decision granting partial access may be appealed.
IV.-The decision granting partial access specifies the scope of the professional activities open to the applicant.
V.-The activities must be carried out in the public interest.
V.-The activities are pursued under the professional title of the country of origin used in the language or languages of that country. Professionals who have been granted partial access must clearly indicate to the recipients of the services the scope of the activities they are authorised to pursue.
V.-Professionals who have been granted partial access must clearly indicate to the recipients of the services the scope of the activities they are authorised to pursue.
