The Coordination rurale union nationale and the Chambre départementale d'agriculture de la Vienne are asking the interim relief judge of the Council of State to suspend the execution of the order of 27 December 2019 on measures to protect people when using plant protection products, due to the urgency and the serious and immediate nature of the economic damage generated and suffered by farmers with regard to the areas concerned and in the absence of suitable transitional measures. According to the petitioners, the decree of 27 December 2019 and the amendment of the decree of 4 May 2017 disregard the principle of legal certainty and legitimate expectations in that it does not provide for transitional measures in disregard of the provisions of Article L. 221-5 of the Code on relations between the public and the administration. The order would unjustifiably affect the competitiveness of agricultural enterprises, in disregard of Regulation (EC) N°1107/2009 of the European Parliament and of the Council of 15 May 2014.

The Council of State rejected the petitions of the Coordination rurale union nationale and the Vienne departmental chamber of agriculture, as it had not proved the urgency of suspending the execution of the order of 27 December 2019. Indeed, the loss of economic value could not be demonstrated by the two applicants. Moreover, the public interest justifies a high level of protection of human health and the environment for inhabitants highly exposed to pesticides in the long term, as also required by European Union law.

Finally, the Council of State recognises that, by reason of Regulation (EC) N° 1107/2009, the Minister was competent to issue to order this high level of protection.