UIPP v. French State

CE 433460 CE 434501
August 8, 2019
Final judgment
France, Paris

Economic stakeholders
Union des industries de la protection des plantes (UIPP), Union française des semenciers (UFS)
State
No description

Administrative
Other
Cancellation for excess of power of the ministerial circular of July 23, 2019 relating to the entry into force of the ban on certain plant protection products for reasons of health and environmental protection.
Council of State of Paris, France
Court

November 13, 2020
Positive
The requests are rejected.
National law

UIPP opposes the implementation of the ban on the export of certain pesticides containing active substances not approved by the EU (provided for in Article L.253-8 of the Rural and Maritime Fishing Code) by a request to the Council of State on August 8, 2019. UFS does the same on Sept. 10. In a separate brief and a new brief, on August 9 and September 12, 2019, UIPP requests the Council of State to refer to the Constitutional Council the question of the conformity with the rights and freedoms guaranteed by the Constitution of the provisions of IV of Article L. 253-8 of the Rural and Maritime Fishing Code. On 11/7/2019, the Council of State decided to refer to the Constitutional Council the priority question of constitutionality relating to the provisions of IV of Article L. 253-8 of the Rural and Maritime Fishing Code and to postpone ruling on the request until the Constitutional Council has ruled on the question of constitutionality thus raised. On 01/31/2020, the Constitutional Council declared this prohibition to be in conformity with the Constitution (2019-823 QPC). On 11/13/2020, the Council of State rejects the requests of the UIPP and the UFS.