Préfet de l’Eure v. Maire de Val-de-Reuil

Reference :

1903086 1903088

Complaint date :

August 30, 2019

Status :

Final judgment

Place of jurisdiction :

France, Rouen

Plaintiffs types :

Politicians

Plaintiffs names :

Préfecture de l'Eure

Defendants :

Marc-Antoine Jamet

Lawyers for Health and Environmental Justice :

Alain Monod

Case nature :

Administrative

Specificities :

Summary proceedings

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

Other

Requests :

Suspension and cancellation of the execution of the order of 26 August 2019 taken by Marc-Antoine Jamet, mayor of Val-de-Reuil, prohibiting the use of pesticides throughout the territory of the municipality, at a distance of 150 meters from any cadastral plot comprising a building for residential or professional use.

Name of the Court :

Administrative court of Rouen, France

Jurisdiction level :

Decision date :

February 14, 2020

Decision nature :

Negative

Decision content :

There is no need to refer to the Conseil d'Etat the priority constitutionality question raised by the municipality of Val-de-Reuil. The anti-pesticide order issued by the mayor of Val-de-Reuil is cancelled.

Legal basis :

Court Ruling :

Link to the ruling

Summary :

The order prohibiting the use of pesticides on the municipality issued by the mayor of Val-de-Reuil is attacked by the Prefect of Eure on the ground that this measure is not within the competence of a mayor but of the Minister for Agriculture. The order was suspended by the interim relief judge on 09/23/2019 (1903088). On 02/14/2020 the Administrative Court of Rouen cancels the municipal order and considers that there is no need to refer to the Council of State the priority constitutionality question relating to the competence of the mayor in the regulation of pesticides raised by the municipality in a 21 Oct. 21, 2019 brief.

Scientific references :

No scientifice reference for this case.