Prefect of Haute-Garonne v. municipality of Ramonville-Saint-Agne

22TL20842
March 25, 2022
Final judgment
France, Toulouse

Politicians
Préfecture de la Haute-Garonne
Christophe Lubac
Philipe Bluteau

Administrative
All
Cancel the order of the mayor of Ramonville-Saint-Agne No. 201910-24 of October 15, 2019 prohibiting the use of phytopharmaceutical products on the territory of the municipality at a distance of less than 150 meters minimum from any living place.
Administrative Court of Appeals of Toulouse, France
Appellate (Appeal) Court

September 21, 2022
Negative
The Administrative Court of Appeal of Toulouse rejected the request of the city, considering that it was unfounded.
National law

The order prohibiting the use of pesticides at a distance of less than 150 meters from all living areas in the municipality, issued by the mayor of Ramonville-Saint-Agne, was challenged by the prefect of Haute-Garonne on the grounds that this measure was not the responsibility of a mayor, but of the minister of agriculture. By judgment no. 1906118 of January 26, 2022, the administrative court of Toulouse cancelled the order. By a request, registered on March 25, 2022, the municipality of Ramonville-Saint-Agne asked the court to annul this judgment of the administrative tribunal of Toulouse of Jan. 26, 2022 , considering that the order does not contradict the police measures taken by the State but, on the contrary, complements and reinforces them and that the judges of first instance wrongly denied the existence of particular local circumstances allowing the mayor to make use of his general police power. On Sept. 21, 2022, the Administrative Court of Appeal of Toulouse rejected the request of the city, considering that it was unfounded.