Benoît Vaessen v. Wallonne Region

May 30, 2012
Final judgment
Belgium, Brussels

Benoît Vaessen
Wallonne Region
D. Dubois

Amistar, Infinito, Fungicide
Suspension of the execution of the administrative decision of the Public Service of Wallonia of 04/11/2012, which maintains the previous decision of Certysis of 12/7/2011 to temporarily declassify fields of organic potato cultivation following the use of an unauthorized pesticide.
Council of State of Brussels, Belgium

October 2, 2012
No description
The request to suspend the temporary downgrading of organic potato plots due to the use of an unauthorized pesticide is denied.

The plaintiff, after spraying the pesticide Amistar, which he thought was authorized, on some of his organic potato plots, lost his organic certification. He contests this declassification. The hearing takes place on September 20, 2012. On October 2, 2012, the judge states that the plaintiff has not demonstrated the existence of irreversible material harm jeopardizing his economic activity and has not proven a risk of serious and difficult to repair harm. Consequently, he dismisses the plaintiff's claim.