Préfet des Deux-Sèvres v. Maire de Chizé

Reference :

2000106 // 20BX00493

Complaint date :

January 16, 2020

Status :

Final judgment

Place of jurisdiction :

France, Bordeaux

Plaintiffs types :

Politicians

Plaintiffs names :

Préfecture des Deux-Sèvres

Defendants :

Daniel Barré

Lawyers for Health and Environmental Justice :

Hervé Pielberg

Case nature :

Administrative

Specificities :

Summary proceedings

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

All

Requests :

Suspension of the execution of the order of October 22, 2019 by which the mayor of the municipality of Chizé, Daniel Barré, prohibited the spraying of pesticides within 150 m of homes on the territory of the municipality.

Name of the Court :

Court of Appeal of Bordeaux, France

Jurisdiction level :

Decision date :

June 4, 2020

Decision nature :

Negative

Decision content :

The interim relief judge of the Court of Appeal suspends the execution of the order prohibiting the use of plant protection products.

Legal basis :

Court Ruling :

Link to the ruling

Summary :

The order prohibiting the use of pesticides in the commune taken by the mayor of Chizé was challenged by the prefect of Deux-Sèvre before the administrative court of Poitiers on the grounds that this measure was not the responsibility of a mayor, but of the minister of agriculture. On January 31, 2020, the interim relief judge suspended the contested order. The commune of Chizé appealed on 02/14/2020. On June 4, 2020, the interim relief judge of the Bordeaux administrative court of appeal suspended the execution of the municipal order. Following the decision of the Council of State on 12/31/2020 (439253), the mayor has withdrawn his order.

Scientific references :

No scientifice reference for this case.