Emmanuel Giboulot v. Public Prosecutor

Reference :

14/00567

Complaint date :

April 7, 2014

Status :

Final judgment

Place of jurisdiction :

France, Dijon

Plaintiffs types :

Farmers

Plaintiffs names :

Emmanuel Giboulot

Defendants :

Public Prosecutor

Lawyers for Health and Environmental Justice :

Benoist Busson

Case nature :

Criminal court

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

Requests :

To overturn the judgment rendered on April 7, 2014 by the Dijon Criminal Court and to relax Mr. Giboulot from the charges of the prosecution.

Name of the Court :

Appeal Court of Dijon, France

Jurisdiction level :

Decision date :

December 4, 2014

Decision nature :

Positive

Decision content :

The Court reverses the judgment rendered on April 7, 2014 by the Dijon Criminal Court and relaxes Mr. Giboulot of the charges.

Legal basis :

Court Ruling :

Link to the ruling

Summary :

Mr. Giboulot, an organic wine grower, was condemned for refusing to carry out insecticide treatments, plant protection measures against harmful organisms, imposed by the prefectoral decree n°322 of June 7, 2013 organizing the fight against flavescence dorée, its vector and black wood of the grapevine in the department of Côte d'Or. He appealed the judgment on the grounds that the prefect had not justified either the urgency or the approval of the Minister of Agriculture to extend the obligation to treat to the entire department of Côte d'Or, while the disease was present at this stage only in Saône et Loire. On 12/4/2014, the Dijon Court of Appeal overturned the 1st instance judgment and acquitted Mr Giboulot of the charges. It considered that the prefectural order of June 7, 2013, which served as the basis for the prosecution, lacked a legal basis and that Mr. Giboulot should be acquitted of the charges.

Scientific references :

No scientifice reference for this case.