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

1915046 1915065
November 28, 2019
Provisional judgment
France, Cergy-Pontoise

Préfecture des Hauts-de-Seine
Jean-Jacques Guillet
Rémi-Pierre Drai, Solenn Le Douarin

Summary proceedings
Glyphosate, Roundup, Other
Suspension of the order of 20 November 2019 banning pesticides on the territory of the municipality taken by Jean-Jacque Guillet, mayor of Chaville.
Administrative court of Cergy-Pontoise, France

December 27, 2019
The request of the Prefect of Hauts-de-Seine is rejected. The State will pay the commune of Chaville the sum of 1,500 euros on the basis of Article L. 761-1 of the Code of Justice.
National law

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 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.