Collectif des maires anti-pesticides v. Ministry of Agriculture

Reference :

437814

Complaint date :

January 21, 2020

Status :

Provisional judgment

Place of jurisdiction :

France, Paris

Plaintiffs types :

Politicians

Plaintiffs names :

Collectif des maires anti-pesticides, Agir Pour l'Environnement (APE), CRIIGEN

Defendants :

Ministère de l'Alimentation, de l'Agriculture et de la Pêche

Lawyers for Health and Environmental Justice :

Corinne Lepage

Case nature :

Administrative

Specificities :

Summary proceedings

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

Other

Requests :

Suspension (summary proceedings) and cancellation of Decree No. 2019-1500 of December 27, 2019 relating to measures for the protection of individuals when using plant protection products near residential areas.

Name of the Court :

Council of State of Paris, France

Jurisdiction level :

Decision date :

February 14, 2020

Decision nature :

Negative

Decision content :

The interim relief judge of the Council of State rejected the request for urgent suspension of the decree and the interministerial order establishing minimum safety distances of 5, 10 and 20 metres for the protection of local residents with regard to the application of pesticides.

Legal basis :

Court Ruling :

Link to the ruling

Summary :

The Collective of anti-pesticide mayors, which brings together mayors whose municipalities have adopted an anti-pesticide order, requests the suspension and cancellation of the national decree relating to measures to protect people when using plant protection products near residential areas, because it does not protect residents but gives the illusion that there are now measures to protect residents. In addition, it would remove the common law jurisdiction of mayors as a police authority by implying that the "competent" authority (the state) would have acted. Agir Pour l'Environnement (APE), CRIIGEN intervene in the case in support of the Collective. The hearings take place on 02/10/2020. On Feb. 14, the interim relief judge of the Council of State rejects the request for urgent suspension of the decree and the interministerial order. The Council of State will rule on the merits of the case in the coming months. The coalition brings a new identical action (Ref 440346) on 04/29/2020, claiming that the pollution linked to pesticides application process promotes Covid-19. This action is dismissed on 05/15/2020.

Scientific references :

No scientifice reference for this case.