Emmanuel Giboulot v. Public Prosecutor

April 7, 2014
Final judgment
France, Dijon

Emmanuel Giboulot
Public Prosecutor
Benoist Busson

Criminal court
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.
Appeal Court of Dijon, France

December 4, 2014
The Court reverses the judgment rendered on April 7, 2014 by the Dijon Criminal Court and relaxes Mr. Giboulot of the charges.

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.