Préfet du Rhône v. Maire de Villeurbanne

Reference :

N° 1909034

Complaint date :

November 25, 2019

Status :

Final judgment

Place of jurisdiction :

France, Lyon

Plaintiffs types :

Politicians

Plaintiffs names :

Préfecture du Rhône

Defendants :

Jean-Paul Bret

Lawyers for Health and Environmental Justice :

SCP Seban & Associés

Case nature :

Administrative

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

All

Requests :

Cancel the order of October 11, 2019, by which the Mayor of Villeurbanne banned the use of synthetic pesticides.

Name of the Court :

Administrative Court of Lyon, France

Jurisdiction level :

Decision date :

June 2, 2021

Decision nature :

Negative

Decision content :

The order of October 11, 2019 by which the mayor of Villeurbanne prohibited the use of synthetic pesticides is annulled. The conclusions presented by the municipality of Villeurbanne on the basis of article L. 761-1 of the administrative justice code are rejected.

Legal basis :

Court Ruling :

Link to the ruling

Summary :

The decree banning the use of pesticides in the municipality, issued by the mayor of Villeurbane, was challenged by the Prefect of the Rhône on the grounds that this measure was not the responsibility of a mayor, but of the Minister of Agriculture. The court cancelled the order on June 2, 2021. It emphasized that the regulation of pesticides is a special police force under the jurisdiction of the State and that the precautionary principle defined in Article 5 of the Charter of the Environment does not allow the mayor to take this order.

Scientific references :

No scientifice reference for this case.