LPO v. Bayer et al.

RG 21/03715
May 21, 2021
Not judged
France, Lyon

Environmental NGOs
Ligue pour la protection des oiseaux (LPO)
Bayer, Nufarm, Fertichem, Gritche, Agri Canigou, SAGA
Sébastien Mabile

Civil court
Insecticide, Neonicotinoid, Imidacloprid
Compensation for ecological damage and judicial expertise to determine the extent of the damage and the compensation measures to be taken by the companies producing and importing imidacloprid. Immediate stop of all marketing of products containing imidacloprid.
Court of Lyon, France
Court

LPO sues the main producers, importers and distributors of the neonicotinoid insecticides imidacloprid in order to have their responsibility recognized in the decline of bird populations in agricultural environments. LPO is the French chapter of BirdLife and is supported in the case by the legal expertise of the non-profit organization Intérêt à Agir (Interest to act).
On May 17, 2022, the pre-trial judge of the Lyon judicial court issued an order rejecting the statute of limitations invoked by the opposing parties. Indeed, article 2226-1 of the Civil Code provides for a special ten years prescription. But the judge concludes that the time limit only starts to run from the day when the LPO was able to bring an action for compensation in kind for the ecological damage.