Générations Futures v. Anses

Reference :

1704687 // 1704689 // 20MA00410

Complaint date :

October 27, 2017

Status :

Final judgment

Place of jurisdiction :

France, Marseille

Plaintiffs types :

Environmental NGOs

Plaintiffs names :

Générations Futures

Defendants :

ANSES (Agency for Food, Environmental and Occupational Health & Safety), Dow Chemical, Corteva

Lawyers for Health and Environmental Justice :

François Lafforgue, Me Topaloff

Case nature :

Administrative

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

, Sulfoxaflor, Transform, Closer, Neonicotinoid

Requests :

Annul the decision of the Anses relating to applications for marketing authorisations of sulfoxaflor-based products TRANSFORM and CLOSER.

Name of the Court :

Administrative Court of Appeals of Marseille, France

Jurisdiction level :

Decision date :

December 17, 2021

Decision nature :

Positive

Decision content :

The decisions by which the Director of ANSES authorised the placing on the French market of the products "Transform" and "Closer" are cancelled. ANSES will pay €1,500 Générations Futures. Dow Agrosciences will pay €1,500 to Générations Futures. Corteva's appeal is denied.

Legal basis :

Court Ruling :

Link to the ruling

Summary :

NGO Générations Futures files two complaints for the cancellation of the authorizations of two Sulfoxaflor-based products (Closer and Transform) by ANSES on 09/27/2017 before the administrative court of Nice. On 11/29/2019, the administrative court of Nice joined these appeals with those of UNAF (Union Nationale de l'Apiculture de France) et Agir Pour l’Environnement (N° 1705145 and 1705146) and cancelled the authorizations. On 12/6/2019, ANSES announces that it will not contest the decision and will withdraw the 2 marketing authorizations. On 01/31/2020, Dow Agroscience, now Corteva Agriscience, challenges this decision before the administrative court of appeal of Marseille. On 12/17/2021, the latter rejects the request of Corteva and confirms the decision of the administrative court of Nice cancelling the authorizations of Closer and Transform, in particular because the conditions of use of the products "prove to be insufficiently precise and restrictive to guarantee, despite their mandatory nature, any use of the products without risk for pollinating insects."

Scientific references :

No scientifice reference for this case.