SPRA et al v. Prefect of the Aisne

18DA01198
June 8, 2018
Final judgment
France, Douai

Environmental NGOs
Sauvegarder son patrimoine en région agroviticole (SPRA), Générations futures
Prefect of the Aisne
François Lafforgue

Administrative
All
Cancellation of the decision of May 19, 2015 by which the prefect of the Aisne refused to issue an order prohibiting spraying pesticides near homes and schools in the territory of the municipality of Saulchery... and injunction to the prefect of the Aisne to issue an order prohibiting spraying pesticides within 50 meters of homes and schools in the territory of the municipality, within a period of one month and under a penalty of 50 euros per day of delay...
Administrative Court of Appeals of Douai, France
Appellate (Appeal) Court

June 30, 2020
Negative
The court decides that there is no need to rule on the conclusions for annulment and stay of proceedings of the request.
National law

The SPRA association sought the cancellation of the decision of May 19, 2015 by which the prefect of the Aisne refused to issue an order prohibiting spraying pesticides near homes and schools in the territory of the municipality of Saulchery and the implicit decision of rejection arising from the silence kept on its request of June 29, 2015 addressed to the prefect of the Aisne to issue such an order. On April 10, 2018, the administrative court of Amiens admitted the intervention of the association Générations futures, but found that there was no need to rule on the conclusions directed against the implicit decision of rejection insofar as it refused to issue an order prohibiting spraying pesticides near the schools of Saulchery and rejected the rest of the conclusions of the request. The groups filed an appeal on June 8, 2018. On June 30, 2020, the administrative court of appeal rejects the groups' conclusions and decides that there is no need to rule on the conclusions for the purpose of cancelling and suspending the ruling of the request.