Préfet de la Loire-Atlantique v. Maire de La Chapelle-sur-Erdre

1911032 // 19NT04568 // 1911034
October 9, 2019
Final judgment
France, Nantes

Préfecture de la Loire-Atlantique
Fabrice Roussel
Corinne Lepage

Cancellation of the order of September 9, 2019, prohibiting the mechanical application in the field of plant protection products on the territory of the municipality at a distance of less than 150 meters from any cadastral parcel containing a building for residential or professional use, this distance being reduced to 100 meters in certain cases defined by the order.
Administrative Court of Nantes, France

December 17, 2020
The execution of the order of September 9, 2019 of the mayor of La Chapelle-sur-Erdre relating to the prohibition of mechanical spreading of phytopharmaceutical products in open fields is cancelled.
National law

The order banning the use of pesticides in the municipality taken by the mayor of La Chapelle-sur-Erdre on 9/9/2019 is challenged by the prefect of Loire-Atlantique on the grounds that this measure is not the responsibility of a mayor, but of the minister of agriculture. The disputed order was suspended on 11/12/2019 by the judge of summary proceedings. The suspension is confirmed by the administrative court of appeal of Nantes on 10/16/2020. The order is cancelled on 12/17/2020.