Public Prosecutor v. 21 Faucheurs Volontaires

17025000001, 1721900021
October 26, 2016
Provisional judgment
France, Foix

Justice, Economic stakeholders
Public Prosecutor of Foix, Espace Emeraude
Environmental NGOs, Individual
Guillaume Tumerelle

Criminal court
Herbicide, Glyphosate, Roundup
Convict the defendants for damage to the property of others committed at meetings on 9/27/2016 in St Jean du Falga and Pamiers and on 3/1/2017 in Foix.
High Court of Foix, France
Court

June 1, 2021
Positive
The court orders the acquittal of the 21 defendants, and considers that their action meets the requirement of proportionality required by the state of necessity.
EU law

21 Voluntary Reapers are prosecuted for degrading glyphosate weedkiller cans in local stores. On 10/12/2017, the court orders the merger of the two cases, rejects the objection of nullity and refers to the Court of Justice of the European Union (CJEU) four preliminary questions concerning the authorization of glyphosate, and mainly the respect of the precautionary principle (C-616/17). On 10/1/2019, CJEU concludes that no element affects the validity of the regulation on the placing of plant protection products on the market, but it provides essential clarifications and interpretations on the European regulation that call into question a large number of marketing authorizations for pesticide products, because they show that the evaluation procedures are not properly applied by the authorities (Criminal proceedings against Mathieu Blaise and others). On June 1, 2021, the Criminal Court of Foix orders the acquittal of the 21 voluntary reapers because of the state of necessity. It concludes that in the face of this particularly insidious danger [Roundup], this necessary action, aimed at informing the population as well as the managers of the stores in question, meets the requirement of proportionality required by the concept of state of necessity. On June 7, the Public Prosecutor's Office of Foix appealed the acquittal.