Préfet des Hauts-de-Seine v. Maire de Bagneux

April 30, 2021
Final judgment
France, Cergy-Pontoise

Préfecture des Hauts-de-Seine
Marie-Hélène Amiable
Corinne Lepage, Madeleine Babes

Cancel the decree n° ARR_2021_6 of March 3, 2021 by which the mayor of Bagneux made compulsory the elimination of waste resulting from the use of phytosanitary products or pesticides on the territory of the commune.
Administrative Court of Cergy-Pontoise, France

October 21, 2021
The order of March 3, 2021 of the mayor of Bagneux is cancelled.
National law

The order by which the mayor of Bagneux made it compulsory to dispose of waste from the use of pesticides in the municipality was challenged by the prefect of Hauts-de-Seine before the administrative court of Cergy-Pontoise on the grounds that this measure was not the responsibility of a mayor but of the minister of agriculture. Hearing is on Oct. 7, 2021. In its judgement from Oct. 21, 2021 the court recalled the existence of a special police force for the marketing, possession and use of phytopharmaceutical products entrusted to the State. It deduced from the existence of this special State policy that the mayor of a commune could not rely on his general police power to regulate the use of such products. It then noted that the State's special police power over phytopharmaceutical waste extended to the drift of these products as well as to the waste resulting from their use. Consequently, the court considered that the mayor of a municipality could not rely on the special police power of waste for which he is responsible to enact a regulation on the management of waste and residues from the use of these products on the municipal territory. The order of March 3, 2021 of the mayor of Bagneux is cancelled.