Générations futures et al v. Ministère de l’Agriculture

439127
April 23, 2020
Provisional judgment
France, Paris

Health/Food groups, Consumer Protection Organizations, Environmental NGOs, Medical doctors, Unions
Générations Futures, UFC-Que choisir, Collectif de Soutien aux victimes des pesticides de l’Ouest, France Nature Environnement (FNE), Solidaires, Eau et Rivières de Bretagne, Alerte des Médecins sur les Pesticides (AMLP), Vigilance OGM Charentes, Ligue pour la Protection des Oiseaux (LPO), Collectif Victimes des Pesticides des Hauts de France (en soutien)
Ministère de l'Alimentation, de l'Agriculture et de la Pêche
François Lafforgue

Administrative
Other
Cancellation of the ministerial instruction of 3 February 2020, the press release "Safety distance for phytopharmaceutical treatments near dwellings" published on 30 March 2020 and the note "Elements of implementation", in its 4th version of 30 March 2020.
Council of State of Paris, France
Court

January 4, 2021
Positive
The Council of State refers the matter to the Constitutional Council and stays the decision on the request until the Constitutional Council has ruled.
National law

9 NGOs challenge the ministerial instruction of 3 February 2020, the press release "Safety distance for plant protection treatments near homes" published on 30 March 2020 and the note "Elements of implementation", in its 4th version of 30 March 2020. They consider that the texts are not respected and that they do not adequately protect the health of local populations during this exceptional period of containment. The hearing took place on May 12, 2020, following which the Ministry of Agriculture undertook to remove the press release and the note from the Ministry's website. On 5/15/2020, the interim relief judge rejected the associations' request for lack of urgency. On 05/15/2020, the judge in summary proceedings rejects the NGOs' request for lack of urgency (440211). On 11/10/2020, the NGOs ask the Council of State to refer to the Constitutional Council the question of the conformity with the rights and liberties guaranteed by the Constitution of the provisions of art. L.235-8 of the rural and maritime fishing code. On 1/4/2021, the Council of State decides to refer the question to the Constitutional Council and to postpone ruling on the request until the Constitutional Council has ruled.