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

19VE03891 // 1912597 // 1912598 // 440923
October 8, 2019
Final judgment
France, Paris

Préfecture des Hauts-de-Seine
Patrice Leclerc
Corinne Lepage, SCP Foussard, Froger

Summary proceedings
Herbicide, Glyphosate, Roundup, Other
Suspension/cancellation of the order of June 13, 2019 banning pesticides on the territory of the municipality taken by Patrick Leclerc, Mayor of Gennevilliers.
Council of State of Paris, France
Appellate (Appeal) Court

December 31, 2020
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).
National law

The order banning pesticides in the municipality of Gennevilliers issued by the mayor is challenged by the prefect of Hauts-de-Seine at the administrative court of Cergy-Pontoise on the grounds that this measure is not the prerogative of a mayor, but of the Minister of Agriculture. The hearings take place on 10/29/2019. On Nov. 8, 2019, the judge for interim measures decided not to suspend the contested order. The Prefect of Hauts-de-Seine appeals this decision. The appeal hearing takes place on 2/27/2020. On 14 May 2020, the interim relief judge of the Versailles administrative court of appeal suspends the execution of the order of the mayor of Gennevilliers. On May 29, 2020, the city of Gennevilliers asked the Council of State to cancel this order and, ruling in summary proceedings, to reject the appeal of the prefect of Hauts-de-Seine. On December 31, 2020, the Council of State definitively rejected the appeal of the town of Gennevilliers. The anti-pesticide order is cancelled. This decision definitively prohibits mayors from issuing anti-pesticide orders. On May 17, 2021, the administrative court of Cergy-Pontoise cancelled the order of the mayor of Gennevilliers.