Préfet des Hauts-de-Seine v. Maire de Malakoff Reference : 2105854 Complaint date : April 30, 2021 Status : Final judgment Place of jurisdiction : France, Cergy-Pontoise Plaintiffs types : Politicians Plaintiffs names : Préfecture des Hauts-de-Seine Defendants : Jacqueline Belhomme Lawyers for Health and Environmental Justice : Corinne Lepage, Madeleine Babes Case nature : Administrative Type(s), Product(s), Active substance(s) : All Requests : To cancel Order No. 2021/07 of March 3, 2021 by which the Mayor of Malakoff made the disposal of waste from the use of plant protection products or pesticides on the territory of the municipality mandatory. Name of the Court : Administrative Court of Cergy-Pontoise, France Jurisdiction level : Decision date : October 21, 2021 Decision nature : Negative Decision content : The order of March 3, 2021 of the mayor of Malakoff is cancelled. Legal basis : Court Ruling : Link to the ruling Summary : The order by which the mayor of Malakoff made it compulsory to dispose of waste from the use of pesticides in the municipality was challenged by the prefect of Hauts-de-Seine before the administrative court of Cergy-Pontoise on the grounds that this measure was not the responsibility of a mayor but of the minister of agriculture. The court recalled the existence of a special police force for the marketing, possession and use of phytopharmaceutical products entrusted to the State. It deduced from the existence of this special State policy that the mayor of a commune could not rely on his general police power to regulate the use of such products. It then noted that the State's special police power over phytopharmaceutical waste extended to the drift of these products as well as to the waste resulting from their use. Consequently, the court considered that the mayor of a municipality could not rely on the special police power of waste for which he is responsible to enact a regulation on the management of waste and residues from the use of these products on the municipal territory. The order of March 3, 2021 of the mayor of Malakoff is cancelled. Scientific references : No scientifice reference for this case. Related links : Environnement : annulation des arrêtés anti-pesticides de cinq communes des Hauts-de-Seine