Municipality of Gennevilliers v. Prefect of Hauts-de-Seine Reference : 440923 Complaint date : October 8, 2019 Status : Final judgment Place of jurisdiction : France, Paris Plaintiffs types : Local authorities Plaintiffs names : Patrice Leclerc Defendants : State Lawyers for Health and Environmental Justice : Corinne Lepage, SCP Foussard, Froger Case nature : Administrative Specificities : Summary proceedings Type(s), Product(s), Active substance(s) : Herbicide, Glyphosate, Roundup, Other Requests : Annul the decision cancelling the municipal order of 13 June 2019 banning pesticides in the commune of Gennevilliers. Name of the Court : Council of State of Paris, France Jurisdiction level : Decision date : December 31, 2020 Decision nature : Negative Decision content : The appeal of the commune of Gennevilliers is rejected. The judge in summary proceedings of the appeal court had suspended 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 by the administrative court of Cergy-Pontoise on Nov. 8, 2019 (1912597). Legal basis : Court Ruling : Link to the ruling Summary : On 31 December 2020, the Conseil d'Etat definitively rejected the appeal lodged by the mayor of the commune of Gennevilliers against the order of 14 May 2020 by which the interim relief judge of the Versailles Administrative Court of Appeal suspended the execution of a municipal order banning the use of glyphosate and certain plant protection products in the commune. On 13 June 2019, the mayor of Gennevilliers issued a order banning the use of glyphosate and several other pesticides listed in the first paragraph of Article L.253-1 of the French Rural and Maritime Fishing Code. The ban covers the entire municipality and applies to the upkeep of communal areas as well as private property. After the prefect of Hauts-de-Seine applied to the Cergy-Pontoise administrative court for a suspensive injunction on grounds of incompetence, the court ruled in favour of the mayor and decided not to suspend the municipal order. However, in an order dated 14 May 2020, the Versaille Administrative Court of Appeal overturned this order and ordered the suspension of the mayor's order. The mayor of Gennevilliers appealed this decision to the Council of State. In its decision to dismiss the case, the Council of State noted that the legislator had given the State responsibility for the special policing of the marketing, possession and use of plant protection products, with the aim of "ensuring a high level of protection for human and animal health and the environment while improving agricultural production [...]". The procedure for assessing the toxicity of products and placing them on the market is entrusted to the state authorities, and it is then up to the relevant ministries to adopt measures restricting or banning the use of plant protection products. At local level, the prefect, representing the central state authority, takes measures to ban or restrict the use of pesticides in the event of an "exceptional and justified risk". Accordingly, the mayor of Gennevilliers was not competent to issue an order banning the use of pesticides within the municipality. Scientific references : No scientifice reference for this case. Related links : Press article, Euroactiv (Sept 2019) Judgment of the Administrative Court of Cergy Pointoise (November 8, 2019) Versailles Administrative Court of Appeal ruling (May 14, 2020)