Bayer v. Government of Luxembourg

April 22, 2020
Provisional judgment

Economic stakeholders
Government of Luxembourg
No description

Glyphosate, Herbicide, Roundup, Clinic Up
Cancellation of 8 withdrawal of approval decisions, taken on January 22, 2020, and concerning plant protection products containing glyphosate
Administrative Court, Luxembourg

July 15, 2022
The Court of First Instance accepted the request for annulment in form; declared the request justified in substance; cancelled the 8 decisions to withdraw approval ... concerning the following plant protection products...; rejected the request for the allocation of a procedural indemnity...; ordered the State to pay the costs and expenses of the proceedings.

Bayer is appealing to the Administrative Court to overturn Luxembourg's decision to ban the marketing of glyphosate-based herbicides. On January 22, 2020, the Luxembourg government withdrew the marketing authorization for eight plant protection products containing glyphosate. It was the first European country to take such a decision. Bayer argues that the ban is unfounded because it falls within the competence of the European Union and not the Grand Duchy, and glyphosate is authorized in Europe until December 2022. On July 15, 2022, the Administrative Court cancels the government's decision to withdraw the marketing authorization for products containing glyphosate, and declared that "it is not lawful for Luxembourg to unilaterally establish a general ban", noting in particular a lack of information to the manufacturer. The Minister of Agriculture has stated that he intends to appeal this ruling. Pending the outcome of this procedure, the Government maintains the ban in force.