Préfet du Doubs v. Maire d’Audincourt

Reference :

1901465

Complaint date :

August 30, 2019

Status :

Final judgment

Place of jurisdiction :

France, Besançon

Plaintiffs types :

Politicians

Plaintiffs names :

Prefect of Doubs

Defendants :

Marie-Claude Gallard

Lawyers for Health and Environmental Justice :

Madeleine Babes

Case nature :

Administrative

Specificities :

Summary proceedings

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

Herbicide, Glyphosate

Requests :

The prefect requests the cancellation of the order of 17 May 2019 prohibiting the use of any product containing glyphosate on the entire territory of the town, taken by Marie-Claude Gallard, mayor of Audincourt.

Name of the Court :

Administrative Court of Besançon, France

Jurisdiction level :

Decision date :

March 16, 2021

Decision nature :

Negative

Decision content :

The execution of the order dated May 17, 2019 of the mayor of Audincourt is annulled.

Legal basis :

Court Ruling :

Link to the ruling

Summary :

The order prohibiting the use of any product containing glyphosate throughout the territory of the municipality issued by the mayor of Audincourt is challenged by the Prefect of Doubs on the ground that that measure does not fall within the competence of a mayor but of the Minister for Agriculture. The hearing at the Administrative Court of Besançon took place on 13/09/2019. On 16 September, the interim relief judge suspended the municipal order until the court rules on the merits of the legality of this act. On March 16, 2021, the Administrative Court of Besançon annulled the municipal order.

Scientific references :

No scientifice reference for this case.