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

Reference :

19VE03906 1913251 1913250

Complaint date :

October 21, 2019

Status :

Provisional judgment

Place of jurisdiction :

France, Versailles

Plaintiffs types :

Politicians

Plaintiffs names :

Préfecture des Hauts de Seine

Defendants :

Jacques Kossowski

Lawyers for Health and Environmental Justice :

M. L…

Case nature :

Administrative

Specificities :

Summary proceedings

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

Herbicide, Glyphosate, Other

Requests :

The Prefect requests the cancellation of Order No. 2019-2649 of 3 September 2019 by which the mayor of the municipality of Courbevoie banned the use of glyphosate and other substances containing endocrine disruptors on the territory of the municipality, taken by Jacques Kossowski, mayor of Courbevoie.

Name of the Court :

Administrative Court of Appeals of Versailles, France

Jurisdiction level :

Decision date :

May 14, 2020

Decision nature :

Negative

Decision content :

The Administrative Court of Appeal of Versailles concludes that there is no need to rule on the conclusions of the application (on appeal) of the commune of Courbevoie and confirms the ruling of the Administrative Court of Cergy-Pontoise suspending the order no. 2019-2649 of 3/9/2019 of the mayor of Courbevoie until the court rules on the merits of the legality of this act (1913251).

Legal basis :

Court Ruling :

Link to the ruling

Summary :

The order prohibiting the use of glyphosate and other substances containing endocrine disruptors on the territory of the municipality, issued by the mayor of Courbevoie, is challenged by the prefect of Hauts-de-Seine on the ground that this measure does not fall within the competence of a mayor but of the Minister for Agriculture and on the ground that this order was issued in the absence of a case of serious or imminent danger or special circumstances. The hearing at the Administrative Court of Cergy-Pontoise took place on 06/11/2019. On November 14, 2019, the judge in charge of the summary proceedings suspended the municipal decree. On Nov. 25, 2019, the commune of Courbevoie appeals against the decision. Moreover, the mayor takes on Dec. 6, 2019 a new order prohibiting the use of plant protection products and in particular the use of herbicides containing glyphosate on the territory of the municipality. This is also suspended by the court on Jan. 7, 2020 (Ref: 1916218). On May 14, 2020, Versailles Administrative Court of Appeal concludes that there is no need to rule on the conclusions of the request of Courbevoie. They are rejected and the suspension of the municipal order is confirmed.

Scientific references :

No scientifice reference for this case.