National Association for Apples and Pears v. Minister of agriculture

Reference :

391684

Complaint date :

July 10, 2015

Status :

Final judgment

Place of jurisdiction :

France, Paris

Plaintiffs types :

Farmers

Plaintiffs names :

Association nationale pommes poires (National Association for Apples and Pears)

Defendants :

Ministère de l'Alimentation, de l'Agriculture et de la Pêche

Lawyers for Health and Environmental Justice :

No description

Case nature :

Administrative

Type(s), Product(s), Active substance(s) :

Other

Requests :

Repeal of the order of September 12, 2006 relating to the marketing and use of the products referred to in Article L.253-1 of the Rural Code.

Name of the Court :

Council of State of Paris, France

Jurisdiction level :

Decision date :

July 6, 2016

Decision nature :

Negative

Decision content :

The Minister for Agriculture, Food and Forestry, the Minister for Social Affairs, Health and Women's Rights, and the Minister for Ecology, Sustainable Development and Energy are enjoined to repeal the Order of 12 September 2006 within six months of notification of this Decision.

Legal basis :

Court Ruling :

Link to the ruling

Summary :

The National Association for Apples and Pears asks the Council of State to repeal the order setting the conditions for the use of pesticides, which it finds too restrictive (Order of September 12, 2006 relating to the marketing and use of the products referred to in Article L. 253-1 of the Rural Code). The Council of State considers that in the absence of notification of the draft order to the European Commission, it was issued following an irregular procedure; that the applicant association is entitled, without the need to examine the other grounds of the petition, to request the annulment of the implicit decision of refusal on its request for its repeal, which necessarily implies the repeal of the regulatory provisions whose illegality has been found; that the Council of State should order the repeal of the order of September 12, 2006 within six months of the notification of this decision.

Scientific references :

No scientifice reference for this case.