UNAF Contre Ministère de l’Agriculture

Reference :

17LY00929

Complaint date :

May 7, 2019

Status :

Final judgment

Place of jurisdiction :

France, Lyon

Plaintiffs types :

Unions

Plaintiffs names :

Union Nationale de l'Apiculture Française

Defendants :

Ministère de l'Alimentation, de l'Agriculture et de la Pêche

Lawyers for Health and Environmental Justice :

Bernard Fau

Case nature :

Administrative

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

, Neonicotinoid, Cheyenne, Clothianidin, Aluminum silicate

Requests :

cancel the marketing authorization dated March 27, 2013 of the product Cheyenne of the company SAS Philargo France

Name of the Court :

Administrative court of appeal of Lyon, France

Jurisdiction level :

Decision date :

June 4, 2019

Decision nature :

Positive

Decision content :

The implicit decision by which the Minister of Agriculture rejected the request to repeal decision n° 2110060 authorizing the marketing of the plant protection product "Cheyenne" by SAS Philagro France is annulled.

Legal basis :

Court Ruling :

Link to the ruling

Summary :

The marketing authorization of the product Cheyenne was decided by ANSES in an opinion of December 5, 2011, which studied its dangers by taking into account only the presence of clothianidin, without assessing the presence of aluminum silicate and without assessing the interaction between these two active substances in disregard of Article 29 point 6 paragraph 2 of Regulation No. 1107/2009 of 21 October 2009. The Court considers that, in the absence of any precision in the ANSES opinion that would allow the disqualification of aluminum silicate from being an active ingredient to being a simple co-formulant, the marketing authorization granted to the Cheyenne preparation is vitiated by an error of law.

Scientific references :

No scientifice reference for this case.