CRIIGEN v. ANSES

1704067 // 19LY01017-19LY01031
April 27, 2017
Final judgment
France, Lyon

Environmental NGOs
CRIIGEN
ANSES (Agency for Food, Environmental and Occupational Health & Safety), Bayer
Corinne Lepage

Administrative
Roundup, Glyphosate, POEA, Herbicide
Annulation of the decision to put Roundup Pro 360 herbicide on the market. Request for a preliminary ruling from CJEU.
Administrative Court of Appeals of Lyon, France
Appellate (Appeal) Court

June 29, 2021
Positive
The decision to grant marketing authorization for Roundup Pro 360 is cancelled. It is not necessary to ask the ECJ for a preliminary ruling.

The case claims that ANSES marketing authorization for Roundup Pro 360 is unlawful because of disrepect of the precautionary principle, a lack of evaluation, an infringement of EU law and irregular labeling. Following the cancellation by Lyon's administrative court of the marketing authorization for Roundup Pro 360 on 01/15/2019, criigen wrote to the Prime Minister, the Ministers of Agriculture, Environment and Health on 22 January 2019 to remind them that the basis of this court decision establishes a clear risk for all glyphosate-based herbicides, and in particular all Roundup herbicides, and to ask them to order the cancellation of the authorisations for all these herbicides as soon as possible. Without an answer within 2 months, criigen sues the Minister of Agriculture, on Apr. 15, 2019. On March 15, 2019, ANSES appeals the judgement to cancel the authorisation of Roundup pro 360. At the hearing of June 1, 2021 at the Administrative Court of Appeal of Lyon, the public rapporteur concludes that the judgment cancelling the authorization of Roundup Pro 360 for manifest errors of appreciation and precaution in the risk assessment should be confirmed. On 06/29/2021, Bayer's and ANSES's appeals against the decision to cancel the authorization of Roundup pro 360 are rejected by the Administrative Court of Appeal of Lyon.