Préfet du Val-d’Oise v. Maire de Pierrelaye

Reference :

1915493

Complaint date :

December 9, 2019

Status :

Provisional judgment

Place of jurisdiction :

France, Cergy-Pontoise

Plaintiffs types :

Politicians

Plaintiffs names :

Préfecture du Val-d’Oise

Defendants :

Michel Vallade

Lawyers for Health and Environmental Justice :

No description

Case nature :

Administrative

Specificities :

Summary proceedings

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

Herbicide, Glyphosate, Other

Requests :

The Prefect requests the cancellation of Order No. 204-2019 of 26 August 2019 prohibiting the use of any product containing glyphosate within 150 metres of any plot comprising a building used for housing, economic activity or public facilities on the municipal territory, taken by Michel Vallade, Mayor of Pierrelaye.

Name of the Court :

Administrative Court of Cergy-Pontoise, France

Jurisdiction level :

Decision date :

January 9, 2020

Decision nature :

Negative

Decision content :

The execution of the order dated 26 August 2019 of the mayor of Pierrelaye is suspended until the court rules on the merits of the legality of this act.

Legal basis :

Court Ruling :

Link to the ruling

Summary :

The prefect of Val-d'Oise is attacking the order issued by the mayor of Pierrelaye prohibiting the use of any product containing glyphosate within 150 metres of residential buildings, economic activity or public facilities on the municipal territory. The Prefect considers that this measure does not fall within the remit of a mayor, but of the Ministers for Agriculture, the Environment, Health and Consumer Affairs. Moreover, he considers that the order was taken in the absence of serious or imminent danger or special circumstances. The hearing at the Administrative Court of Cergy-Pontoise took place on 08/02/2020. On 9 January 2020, the judge in charge of the summary proceedings suspended the municipal order.

Scientific references :

No scientifice reference for this case.