Fast Food Feud: McDonald's Legal Challenge to Burger King Construction Dismissed
A legal battle between fast food giants McDonald's and Burger King has come to an end, with the administrative court of Caen rejecting McDonald's appeal against Burger King's construction permit.
Casey Parker
- 2024-01-05
- Updated 04:54 AM ET
(NewsNibs) - ARGENTAN, France - The longstanding rivalry between McDonald's and Burger King took a litigious turn in Argentan, Orne, when McDonald's filed a legal challenge against a construction permit granted to its competitor. The permit in question would allow Burger King to erect a new location adjacent to the existing McDonald's restaurant. On January 3, 2024, it was publicly revealed that the administrative court of Caen, Calvados, denied McDonald's appeal, putting an end to the dispute and greenlighting Burger King's expansion plans.
Legal Proceedings Unfold
The controversy began after Frédéric Leveillé, president of the community of communes Terres d’Argentan Interco, authorized Burger King's construction on May 25, 2023. The McDonald's in question is operated by NCI.II, which is owned by Karim Assar, an entrepreneur who also possesses several other McDonald's outlets in the region. In response to Burger King's proposed establishment, Assar lodged an appeal with the administrative court of Caen on November 17, 2023, aiming to annul the construction authorization. This appeal set the stage for a legal examination of the corporate dispute.
Appeal Details and Rejection
The crux of the appeal rested on specific requirements stipulated by the urban planning code. The code dictates that appeals against land use decisions must be accompanied by documentation, such as the property title, lease contract, or other evidentiary support, proving the lawful occupation of the property by the claimant. NCI.II submitted only an excerpt from a lease management contract and additional proof, which included invoices from the restaurant owner and a tenant manager’s declaration. These documents failed to fulfill the urban planning code's legal criteria. As a result, the judge labeled NCI.II's appeal as "manifestly inadmissible" in a judgement dated December 18, 2023, which was only recently brought to public attention.
McDonald's Future Steps Unclear
With the court's rejection of the appeal, Burger King is free to proceed with its construction alongside McDonald's, marking a significant moment in the competition between the two fast-food franchises. The future moves of McDonald's, in this case, are yet to be determined. The outcome of this case underscores the complexities of corporate legal battles and the stringent nature of French urban planning regulations.
