UIPP v. law n° 2018-938

2019-823 QPC / CE 433460
November 7, 2019
Final judgment
France, Paris

Economic stakeholders
Union des industries de la protection des plantes (UIPP)
Ministère de l'Alimentation, de l'Agriculture et de la Pêche
Benoist Busson (for FNE)

Constitutional
Other
Declare that the ban in 2022 on the production, storage and circulation of certain plant protection products is not in conformity with the Constitution.
Constitutional Court of Paris, France
Court

January 31, 2020
Positive
Paragraph IV of article L. 253-8 of the Rural and Maritime Fishing Code, in its wording resulting from Act No. 2018-938 of 30 October 2018 on balanced trade relations in the agricultural and food sector and healthy, sustainable and accessible food for all, is in accordance with the Constitution.
National law

The Constitutional Council has received a Priority Question on Constitutionality (PQC) on the conformity of Act No. 2018-938 on balanced trade relations in the agricultural and food sector with the rights and freedoms guaranteed by the Constitution (EGALIM). According to UIPP, the ban on the export of certain pesticides containing active substances not approved by the EU would be contrary to the freedom of enterprise. France Nature Environnement (FNE) intervenes in support of the law. The Constitutional Council considers that the relevant paragraph of the law is in conformity with the Constitution. It concludes that, by adopting the contested provisions, the legislator has ensured a compromise which is not manifestly unbalanced between the freedom of enterprise and the constitutionally valid objectives of environmental and health protection.