On June 29, 2023, the Paris Administrative Court recognized the existence of ecological damage. This ecological damage, which results from the widespread, diffuse, chronic and long-lasting contamination of soil and water, the reduction in biodiversity and biomass, and an impairment of the benefits derived by humans from the environment, arises from the State's failure to meet its targets for reducing the use of plant protection products, and its disregard of its obligation to protect groundwater from the impact of plant protection products.

The Court therefore enjoined the Prime Minister and the relevant ministers to take all appropriate measures to repair the ecological damage and prevent further damage by restoring consistency between the rate of reduction in the use of plant protection products and the trajectory set out in the Ecophyto plans, and by taking all appropriate measures to restore and protect groundwater against the effects of plant protection products, and in particular against the risks of pollution. The compensation must be effective by June 30, 2024 at the latest.

However, the Court did not order the French government to revise the risk assessment methodologies used by the Agence nationale de sécurité sanitaire de l'alimentation, de l'environnement et du travail (ANSES) prior to the marketing of plant protection products. The Court acknowledged that shortcomings in the procedures for assessing and authorizing the marketing of plant protection products must be regarded as a culpable failure on the part of the State to incur liability, but it did not consider that the resulting ecological damage was certain, since the results of any additional studies required by ANSES are not known as of the date of this judgment, and it cannot therefore be inferred with certainty that they would have the effect of significantly modifying the nature or number of plant protection products placed on the market.

On August 30, the plaintiff associations filed a summary appeal. The 5 associations criticize the Court of Appeal's decision for not ordering the French government to revise the pesticide approval process, even though it expressly acknowledges the existence of major flaws in the authorization system. However, a change in pesticide risk assessment methods is essential if we are to achieve the objectives set out in the Ecophyto plans. The state is also appealing the ruling.

Although the appeal has no suspensive effect, and the State is therefore obliged to comply with the Court of Appeal's decision by taking all necessary measures to effectively protect groundwater and reduce pesticide use in line with the Ecophyto plans, the State's appeal shows a lack of willingness on the part of the government to update its approval method.