UIPP v. Ministers and Anses

C‑514/19
July 8, 2019
Final judgment
European Union, Luxembourg

Economic stakeholders
Union des industries de la protection des plantes (UIPP)
Ministère de la Santé et des Solidarités, Ministère de l'Alimentation, de l'Agriculture et de la Pêche, Ministère de la transition écologique et solidaire (environment), ANSES (Agency for Food, Environmental and Occupational Health & Safety), Other
Bernard Fau, François Lafforgue, Hermine Baron

EU court
Insecticide, Neonicotinoid, Acetamiprid, Clothianidin, Thiacloprid, Thiamethoxam, Imidacloprid
The Council of State asks the Court of Justice of the European Union to interpret the legislation concerning the general prohibition of plant protection products based on neonicotinoids.
Court of Justice of Luxembourg, European Union
Request for a preliminary ruling (EU)

October 8, 2020
Positive
The Court concludes that France is entitled to take this ban, considered as an emergency measure, subject to the consideration of the Council of State.
EU law

The CJEU, seized on a referral for a preliminary ruling from the Council of State following a complaint lodged by UIPP (case 424617), issued its order on the conformity with Union law of the measures taken by France to ban neonicotinoids. In essence, the Court considered that France was entitled to take this ban, considered as an emergency measure, subject to the control by the Council of State of the modalities of presentation of these measures to the European Commission and the other Member States. The CJEU also considers that the adoption of a partial ban on the use of these substances by the European Commission does not call into question the validity of the ban by France. The NGO Générations futures, the Union nationale de l'apiculture française (UNAF) and the syndicat national de l'apiculture (SNA) are intervening in the procedure.