Préfet de Seine-Saint-Denis v. Maire de Clichy-sous-Bois

2011721 2003506
March 18, 2020
Provisional judgment
France, Montreuil

Politicians
Préfecture de Seine-Saint-Denis
Olivier Klein
Corinne Lepage, Madeleine Babes

Administrative
Glyphosate, Other
Order the suspension of the execution of the order of September 20, 2019 by which Olivier Klein, the mayor of Clichy-sous-Bois, banned the use of glyphosate and other chemical substances aimed at controlling organisms considered harmful throughout the territory of the commune.
Administrative Court of Montreuil, France

November 27, 2020
Positive
The request of the Prefect of Seine-Saint-Denis is rejected. The State will pay the commune of Clichy-sous-Bois the sum of 1,000 euros on the basis of Article L. 761-1 of the Code of Administrative Justice.

The order banning the use of pesticides in the commune issued by the mayor of Clichy-sous-Bois on 9/20/2019 is attacked by the prefect of Seine-Saint-Denis on the grounds that this measure is not the responsibility of a mayor, but of the Minister of Agriculture. On May 18, 2020, the interim relief judge of the administrative court of Montreuil suspended the execution of the order (order no. 2003506). However, the judge of the Versailles Administrative Court of Appeal cancelled the order on 10/16/2020 and referred the case back to the Administrative Court of Montreuil. On Nov. 27, 2020, the Montreuil TA ordered the rejection of the request of the Prefect of Seine-Saint-Denis and the payment by the State of a sum of 1,000 euros to the commune of Clichy-sous-Bois, taking up recent studies establishing a link between air pollution and respiratory viruses (including Covid-19).