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

Reference :

20VE00008 1915046 1915065

Complaint date :

November 28, 2019

Status :

Provisional judgment

Place of jurisdiction :

France, Versailles

Plaintiffs types :

Politicians

Plaintiffs names :

Préfecture des Hauts-de-Seine

Defendants :

Jean-Jacques Guillet

Lawyers for Health and Environmental Justice :

Rémi-Pierre Drai, Solenn Le Douarin

Case nature :

Administrative

Specificities :

Summary proceedings

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

Glyphosate, Roundup, Other, Herbicide

Requests :

Suspension of the order of 20 November 2019 banning pesticides on the territory of the municipality taken by Jean-Jacque Guillet, mayor of Chaville.

Name of the Court :

Administrative Court of Appeals of Versailles, France

Jurisdiction level :

Decision date :

May 14, 2020

Decision nature :

Negative

Decision content :

The summary judge of the 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 12/27/2019 by the administrative court of Cergy-Pontoise (1915046).

Legal basis :

Court Ruling :

Link to the ruling

Summary :

The mayor of Chaville's order banning pesticides in the commune is attacked by the prefect of Hauts-de-Seine 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 12/20/2019. On Dec. 27, 2019, the judge for interim measures of Cergy-Pontoise's administrative court decides to reject the prefect's request to suspend the contested order. He considers, along the same lines as in the orders of 19 December relating to similar decisions taken by the mayors of Malakoff, Bagneux and Nanterre, that, having regard to the local situation, the mayor was right to consider that the inhabitants were exposed to a serious danger, warranting a ban on the use of the products in question. The prefect appeals this decision. The appeal hearing takes place on 27/02/2020. On 14 May 2020, the interim relief judge of the Versailles Administrative Court of Appeal suspends the execution of Chaville mayor's order.

Scientific references :

No scientifice reference for this case.