LPO v. Bayer et al.

Reference :

RG 21/03715

Complaint date :

May 21, 2021

Status :

Not judged

Place of jurisdiction :

France, Lyon

Plaintiffs types :

Environmental NGOs

Plaintiffs names :

Ligue pour la protection des oiseaux (LPO)

Defendants :

Bayer, Nufarm, Fertichem, Gritche, Agri Canigou, SAGA

Lawyers for Health and Environmental Justice :

Sébastien Mabile

Case nature :

Civil court

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

, Neonicotinoid, Imidacloprid

Requests :

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.

Name of the Court :

Court of Lyon, France

Jurisdiction level :

Summary :

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.

Scientific references :

Worldwide Integrated Assessment of the Impact of Systemic Pesticides on Biodiversity and Ecosystems
Examen des effets directs et indirects des néonicotinoïdes et du fipronil sur la faune des vertébrés
Field evidence of bird poisonings by imidacloprid-treated seeds: a review of incidents reported by the French SAGIR network from 1995 to 2014