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

19VE04338 // 1915048 // 1915072
November 28, 2019
Final judgment
France, Cergy-Pontoise

Politicians
Préfecture des Hauts-de-Seine
Jacqueline Belhomme
Corinne Lepage

Administrative
Summary proceedings
Herbicide, Glyphosate, Roundup
Suspension/cancellation of the order of 26 August 2019 banning pesticides on the territory of the municipality taken by Jacqueline Belhomme, mayor of Malakoff.
Administrative Court of Cergy-Pontoise, France

May 17, 2021
Negative
The order of the mayor of Malakoff is cancelled. 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 Dec. 19, 2019 (1915048).

The mayor of Malakoff's order banning pesticides in the commune is attacked by the prefect of Hauts-de-Seine at the administrative court of Cergy-Pontoise on the grounds that this measure is not the responsibility of a mayor, but of the Minister of Agriculture. The public hearing is held on 12/11/2019. On Dec. 19, 2019, the judge for interim measures decides to reject the prefect's request to suspend the contested order. The prefect 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 Malakoff. The mayor of Malakoff appeals in cassation. On May 17, 2021, the administrative court of Cergy-Pontoise cancels the order of the mayor of Malakoff.