Préfet de la Loire-Atlantique v. Maire de La Montagne

2102294 // 2102877
March 1, 2021
Provisional judgment
France, Nantes

Politicians
Préfecture de la Loire-Atlantique
Fabien Gracia
Arnaud Gossement, Florian Ferjoux

Administrative
Summary proceedings
All
Suspension of the execution of the order n° 16/2021 of January 11, 2021 of the mayor of La Montagne because it restricts the modalities of use of phytopharmaceutical products on the territory of this town.
Administrative Court of Nantes, France
Court

April 9, 2021
Negative
The execution of order no. 16/2021 of January 11, 2021 of the mayor of La Montagne insofar as, by its article 3, it restricts the modalities of use of phytopharmaceutical products on the territory of this municipality, is suspended until the Court decides on the merits of the legality of this act.
National law

The order banning pesticides in the municipality by the mayor of La Montagne 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. Nevertheless, the order was not based on the mayor's powers to regulate the use of pesticides, but on waste deposits, "Any discharge of phytopharmaceutical products outside the property for which they are intended constitutes a waste deposit and is prohibited. On March 5, 2021, the court orders the dismissal of the petition presented by the prefect of Loire-Atlantique. The municipal order is not suspended. On March 15, 2021, the prefect of the Loire-Atlantique region again asked the interim relief judge to suspend the execution of the order. On April 9, 2021, the Administrative Court of Nantes decides to suspend the execution of the order until the Court decides on the merits of the legality of this act.