Thérésa Sainte-Marie et al. v. Franck Besse, Clément Duviallard and Daniel Delagnes

Reference :

No description

Complaint date :

No description

Status :

Final judgment

Place of jurisdiction :

France, Brive-la-Gaillarde

Plaintiffs types :

Environmental NGOs, Individuals

Plaintiffs names :

Thérésa Sainte-Marie, Allassac ONGF, Mouvement pour le Droit et le Respect des générations futures, Limousin nature environnement

Defendants :

Farmers

Lawyers for Health and Environmental Justice :

Stéphane Cottineau

Case nature :

Criminal court

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

Other

Requests :

conviction for spreading plant protection products in winds exceeding 20 kmh, which is prohibited by the Rural Code

Name of the Court :

Court of First Instance of Brive-la-Gaillarde, France

Jurisdiction level :

Decision date :

March 10, 2011

Decision nature :

No description

Decision content :

The three apple growers were released with the benefit of the doubt.

Legal basis :

Court Ruling :

No description

Summary :

Theresa Sainte-Marie, a civil party alongside three environmental associations, filed a complaint in March 2010 against the farmers whose apple orchards adjoined her home in Vigeois, complaining that she had to take shelter when the farmers sprayed pesticides on their trees. The court had prosecuted the apple farmers for "not respecting the conditions of use of a product set by the administrative authority", an offence punishable by six months in prison and a maximum fine of 30,000 euros, according to article L253-17 of the Rural Code and a ministerial decree of 2006. This last text limits the authorization to spread products to a wind speed of 19 km/h. According to Météo France, on March 24 and 26, 2010, the days of prevention, the wind had blown in this region between 33 km/h and 35 km/h on average.

Scientific references :

No scientifice reference for this case.