Prefect of Haute-Saône v. municipality of Confracourt

Reference :

No description

Complaint date :

March 31, 2022

Status :

Final judgment

Place of jurisdiction :

France, Besançon

Plaintiffs types :

Politicians

Plaintiffs names :

Prefect of Haute-Saône

Defendants :

Patrick Baud

Lawyers for Health and Environmental Justice :

No description

Case nature :

Administrative

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

Propyzamide, Metazachlor, Metolachlor, All

Requests :

To cancel the municipal order of March 17, 2022 prohibiting the use of all types of pesticides, herbicides and brushcutters in the close protection area of the source of Saint-Antoine

Name of the Court :

Administrative court of Besançon, France

Jurisdiction level :

Decision date :

November 8, 2022

Decision nature :

Negative

Decision content :

The administrative court of Besançon rejects the request of the municipality and considers that the request is unfounded.

Legal basis :

Court Ruling :

No description

Summary :

The order prohibiting the use of any pesticide in the protection perimeter, defined in 1994, of the Saint-Antoine spring, issued by the mayor of Confracourt, is challenged by the prefect of Haute-Saône on the grounds that this measure was not the responsibility of a mayor, but of the minister of agriculture. The use of all pesticides, herbicides and brush cutters is strictly forbidden in the close protection area of the Saint-Antoine source located on the territory of the municipality of Confracourt by the municipal by-law of March 17, 2022. The decree was annulled by the judge on the grounds that the mayor could not interfere in the exercise of the special water policy attributed to the State, except in cases of imminent danger. A new by-law was then adopted on November 14, 2022 by Mayor Patrick Baud, this time based on the existence of imminent danger. It is currently being attacked by the prefect before the judge.

Scientific references :

No scientifice reference for this case.