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

Reference :

1915049

Complaint date :

November 28, 2019

Status :

Provisional judgment

Place of jurisdiction :

France, Cergy-Pontoise

Plaintiffs types :

Politicians

Plaintiffs names :

Préfecture des Hauts-de-Seine

Defendants :

Jeanne Bécart

Lawyers for Health and Environmental Justice :

Case nature :

Administrative

Specificities :

Summary proceedings

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

Herbicide, Glyphosate, Other

Requests :

Suspension of the implementation of the order of 6 September 2019 by which Jeanne Bécart, Mayor of Garches, prohibited the use of plant protection products containing glyphosate throughout the municipality.

Name of the Court :

Administrative Court of Cergy-Pontoise, France

Jurisdiction level :

Decision date :

December 19, 2019

Decision nature :

Negative

Decision content :

The execution of the order of 6 September 2019 by which the mayor of the municipality of Garches banned the use of glyphosate and other chemical substances used to control organisms considered harmful on the municipal territory, is suspended until the court rules on the merits of the case on the legality of this act.

Legal basis :

Court Ruling :

Link to the ruling

Summary :

The mayor of Garches' order banning pesticides in the municipality is attacked by the prefect of Hauts-de-Seine on the grounds that this measure is not the responsibility of the mayor but of the Minister of Agriculture. The public hearing takes place on 12/11/2019. On 19 Dec. 2019, the interim relief judge suspends the contested order because the commune has not demonstrated the existence of a short-term danger on its territory which could justify its interference in the exercise of the special police force falling within the competence of the Minister for Agriculture.

Scientific references :

No scientifice reference for this case.