Préfet de la Loire-Atlantique v. Maire de Saint-Malo-de-Guersac

Reference :

1912546 // 1912548

Complaint date :

November 18, 2019

Status :

Final judgment

Place of jurisdiction :

France, Nantes

Plaintiffs types :

Politicians

Plaintiffs names :

Préfecture de la Loire-Atlantique

Defendants :

Alain Michelot

Lawyers for Health and Environmental Justice :

No description

Case nature :

Administrative

Specificities :

Summary proceedings

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

All

Requests :

Cancellation of the order of October 1, 2019 by which the mayor of Saint-Malo-de-Guersac prohibited the use of any plant protection product on the territory of the municipality within 150 meters of any dwelling and any public building.

Name of the Court :

Administrative Court of Nantes, France

Jurisdiction level :

Decision date :

December 17, 2020

Decision nature :

Negative

Decision content :

The execution of the order of October 9, 2019 of the mayor of Saint-Malo-de-Guersac relating to the prohibition of the use of any phytosanitary product on the territory of the municipality within 150 meters of any dwelling and any public building is cancelled.

Legal basis :

Court Ruling :

Link to the ruling

Summary :

The order banning the use of pesticides on the territory of the municipality of Saint-Malo-de-Guersac of 10/9/2019 was 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 contested order was suspended on 12/17/2019 by the interim relief judge. The hearings on the merits took place on 11/26/2020. The decree was annulled by the administrative court of Nantes on 12/17/2020.

Scientific references :

No scientifice reference for this case.