UIPP v. French State

Reference :

CE 433460 CE 434501

Complaint date :

August 8, 2019

Status :

Final judgment

Place of jurisdiction :

France, Paris

Plaintiffs types :

Economic stakeholders

Plaintiffs names :

Union des industries de la protection des plantes (UIPP), Union française des semenciers (UFS)

Defendants :

State

Lawyers for Health and Environmental Justice :

No description

Case nature :

Administrative

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

Other

Requests :

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.

Name of the Court :

Council of State of Paris, France

Jurisdiction level :

Decision date :

November 13, 2020

Decision nature :

Positive

Decision content :

The requests are rejected.

Legal basis :

Court Ruling :

Link to the ruling

Summary :

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.

Scientific references :

No scientifice reference for this case.