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

Reference :

1916218

Complaint date :

December 26, 2019

Status :

Provisional judgment

Place of jurisdiction :

France, Cergy-Pontoise

Plaintiffs types :

Politicians

Plaintiffs names :

Préfet des Hauts-de-Seine

Defendants :

Other

Lawyers for Health and Environmental Justice :

Christophe Cabanes, Charlotte Pezin

Case nature :

Administrative

Specificities :

Summary proceedings

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

Herbicide, Glyphosate, Other

Requests :

The Prefect is seeking the annulment of Order No 2019-3657 of 6 December 2019 prohibiting the use of plant protection products and in particular the use of herbicides containing glyphosate on the territory of the municipality, issued by Jacques Kossowski, Mayor of Courbevoie.

Name of the Court :

Tribunal administratif of Cergy-Pontoise, France

Jurisdiction level :

Decision date :

January 7, 2020

Decision nature :

Negative

Decision content :

The execution of the order dated December 6, 2019 of the Mayor of Courbevoie is suspended until the court rules on the merits of the legality of this act.

Legal basis :

Court Ruling :

Link to the ruling

Summary :

Following the suspension of Order No. 2019-2649 by the court of Cergy-Pontoise (ref: 1913251), the mayor of Courbevoie issued Order No. 2019-3657 on 6/12/2019 to ban the use of pesticides and in particular herbicides containing glyphosate on the territory of the municipality. That order is also being challenged by the Prefect of Hauts-de-Seine on the ground that that measure does not fall within the competence of a mayor but of the Minister for Agriculture and on the ground that the order was issued in the absence of serious or imminent danger. The hearing at the Administrative Court of Cergy-Pontoise took place on 06/01/2020. On 7 January 2020, the judge in charge of the summary proceedings suspended the municipal by-law.

Scientific references :

No scientifice reference for this case.