Préfet du Rhône v. Maire de Villeurbanne

N° 1909034
November 25, 2019
Final judgment
France, Lyon

Préfecture du Rhône
Jean-Paul Bret
SCP Seban & Associés

Cancel the order of October 11, 2019, by which the Mayor of Villeurbanne banned the use of synthetic pesticides.
Administrative Court of Lyon, France

June 2, 2021
The order of October 11, 2019 by which the mayor of Villeurbanne prohibited the use of synthetic pesticides is annulled. The conclusions presented by the municipality of Villeurbanne on the basis of article L. 761-1 of the administrative justice code are rejected.

The decree banning the use of pesticides in the municipality, issued by the mayor of Villeurbane, was challenged by the Prefect of the Rhône on the grounds that this measure was not the responsibility of a mayor, but of the Minister of Agriculture. The court cancelled the order on June 2, 2021. It emphasized that the regulation of pesticides is a special police force under the jurisdiction of the State and that the precautionary principle defined in Article 5 of the Charter of the Environment does not allow the mayor to take this order.