Préfet de l’Ain v. Maire de Saint-Genis-Pouilly

Reference :

N° 2001643

Complaint date :

February 27, 2020

Status :

Provisional judgment

Place of jurisdiction :

France, Lyon

Plaintiffs types :

Politicians

Plaintiffs names :

Préfecture de l'Ain

Defendants :

Hubert Bertrand

Lawyers for Health and Environmental Justice :

SAS Huglo Lepage Avocats

Case nature :

Administrative

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

All

Requests :

Cancel the order of September 5, 2019 by which the mayor of Saint-Genis-Pouilly banned the use of synthetic pesticides.

Name of the Court :

Administrative Court of Lyon, France

Jurisdiction level :

Decision date :

June 2, 2021

Decision nature :

Negative

Decision content :

The order of September 5, 2019 by which the mayor of Saint-Genis-Pouilly prohibited the use of synthetic pesticides, is cancelled. The conclusions presented by the municipality of Saint-Genis-Pouilly on the basis of article L. 761-1 of the administrative justice code are rejected.

Legal basis :

Court Ruling :

Link to the ruling

Summary :

The order banning the use of pesticides in the municipality issued by the mayor of Saint-Genis-Pouilly was challenged by the prefect of the Ain department on the grounds that this measure was not the responsibility of a mayor, but of the minister of agriculture. The court cancelled the order on June 2, 2021. It emphasized that the regulation of pesticides is a special police force under the jurisdiction of the State and that the precautionary principle defined in Article 5 of the Charter of the Environment does not allow the mayor to issue this order.

Scientific references :

No scientifice reference for this case.