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

Reference :

19VE04337 1915044

Complaint date :

November 28, 2019

Status :

Provisional judgment

Place of jurisdiction :

France, Versailles

Plaintiffs types :

Politicians

Plaintiffs names :

Préfecture des Hauts-de-Seine

Defendants :

Marie-Hélène Amiable

Lawyers for Health and Environmental Justice :

Corinne Lepage

Case nature :

Administrative

Specificities :

Summary proceedings

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

Herbicide, Glyphosate, Roundup

Requests :

Suspension of the order of 3 September 2019 banning pesticides on the territory of the municipality taken by Marie-Hélène Amiable, mayor of Bagneux.

Name of the Court :

Administrative Court of Appeal of Versailles, France

Jurisdiction level :

Decision date :

May 14, 2020

Decision nature :

Negative

Decision content :

The judge in summary proceedings of the appeals court suspends the execution of the order prohibiting the use of glyphosate. At first instance, the request of the Prefect of Hauts-de-Seine to suspend the execution of the municipal order had been rejected on Dec. 19, 2019 by the administrative court of Cergy-Pontoise (1915044).

Legal basis :

Court Ruling :

Link to the ruling

Summary :

The mayor of Bagneux's order banning pesticides in the commune is attacked by the prefect of Hauts-de-Seine at the administrative court of Cergy-Pontoise on the grounds that this measure is not the responsibility of a mayor, but of the Minister of Agriculture. The public hearing is held on 12/11/2019. On Dec. 19, 2019, the judge for interim measures decides to reject the prefect's request to suspend the contested order. The prefect appeals this decision. The appeal hearing takes place on 2/27/2020. On 14 May 2020, the interim relief judge of the Versailles administrative court of appeal suspends the execution of the order of the mayor of Bagneux. The mayor of Bagneux appeals in cassation.

Scientific references :

No scientifice reference for this case.