Ministère Public, O. and Sarthe Nature Environnement v. R.

Reference :

17017000061 12215000070 18-86851

Complaint date :

October 21, 2016

Status :

Provisional judgment

Place of jurisdiction :

France, Paris

Plaintiffs types :

Justice, Environmental NGOs, Individuals

Plaintiffs names :

M. O., Sarthe Nature Environnement, Ministère Public

Defendants :

Farmers

Lawyers for Health and Environmental Justice :

Stéphane Cottineau

Case nature :

Criminal court

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

Merpan, Delan, Promalin, Coragen, Wuxal, Zoxamide, Dimethomorph, Fungicide

Requests :

Acknowledge that Mr. R. used plant protection products on his apple trees without complying with the conditions of use determined by the administrative authority and without taking precautions to prevent their transfer to properties belonging to third parties.

Name of the Court :

Court of Cassation of Paris, France

Jurisdiction level :

Decision date :

December 3, 2019

Decision nature :

Partially Positive

Decision content :

Mr. R. is found guilty of improper use of plant protection products and must pay a fine of €5600 to Mr. O. and €2100 to Sarthe Nature Environnement.

Legal basis :

Court Ruling :

Link to the ruling

Summary :

The defendant, having used plant protection products on his apple trees without complying with the conditions of use determined by the administrative authority and without taking precautions to avoid their entrainment into properties belonging to third parties, was convicted at first instance by the criminal court of Le Mans on 7/4/2017, and by the court of appeals of Angers on 10/2/2018. The arboriculturist then lodged an appeal in cassation. The Court of Cassation upheld the decision of the Court of Appeal in favour of the neighbor, except on the issue of the level of the fine due by the defendant. The case was referred back to the Court of Appeal on this point. For the plaintiff's lawyer, this is an important decision because it is the first time that a farmer has been held criminally liable for non-compliance with pesticide application rules. The order is final on this point.

Scientific references :

No scientifice reference for this case.