On September 21, 2023, the Administrative Court of Cergy-Pontoise rejected the request by the NGO Générations futures to overturn the decision to renew the marketing authorization (AAM) for Kyléo, a glyphosate-based herbicide.

Générations futures complained that the French Agency for Food, Environmental and Occupational Health Safety (ANSES), which is responsible for approving plant protection products in France, had renewed Kyléo's marketing authorization on the basis of obsolete scientific data, in breach of European regulations (regulations 1107/2009, 284/2013 and implementing regulation 2017/2324) and the precautionary principle enshrined in the 2004 French Charter for the Environment. According to the claimant, ANSES had not assessed the long-term toxicity of the co-formulants present in the product or their interactions, nor had it examined the risks for a number of species, including bumblebees and solitary bees.

The Administrative Court ruled that the argument based on the obsolescence of the body of scientific data on which the ANSES decision was taken had to be rejected. This is because the existence of new scientific data on the carcinogenic and endocrine-disrupting nature of glyphosate, which occurred after the date of the report produced by the Greek authorities (2018) on which ANSES based its assessment and before the date of renewal of the marketing authorization (2020), was not established by the NGO, and glyphosate was approved by the European Commission until December 15, 2023 (see recital 5).

Moreover, the Administrative Court ruled that the report produced by the Greek authorities complied with the European Union's Uniform Principles for the Evaluation and Authorization of Pesticides, and found that "the mere assertion that studies have demonstrated the harmful nature of glyphosate is insufficient to establish that Kyléo, which contains glyphosate, would have a harmful effect on human health".

The Court also held that, under the applicable European regulations, ANSES was not required to assess the ecotoxicity of each of the product's co-formulants and their interactions, nor to evaluate the risks to bumblebees and solitary bees, in that the guidance document published on July 4, 2013 by the European Food Safety Authority (EFSA) on the risk assessment of glyphosate on common bees, bumblebees and solitary bees, had not been approved by the member states.

Lastly, the Administrative Court pointed out that European regulations give national authorities discretion in the marketing of plant protection products in accordance with the precautionary principle, but that in the present case, the applicant NGO had not established the risk of serious and irreversible damage to human health and the environment in order to apply it.