On December 1, 2020, Hervé Guihard, the mayor (Place publique) of Saint-Brieuc (Côtes-d'Armor) had issued a decree to prohibit the use of pesticides throughout the territory of the town.
On October 19, the city council published a new decree to end this ban, reports
Ouest-France
.
The text indicates that, even if the mayor has general police powers, he “cannot legally use this power to issue regulations on the use of plant protection products that it is up to the State authorities alone to take. ".
The first decree is therefore repealed.
Attack on the prefecture
The measure taken in December 2020 was immediately attacked by the Côtes-d'Armor prefecture.
The latter had filed an appeal before the summary judge of the administrative court of Rennes in early 2021.
Justice then suspended the judgment.
“The mayor of the commune of Saint-Brieuc acted outside the scope of his competence provided for by legal and regulatory provisions […].
The Prefect of Côtes-d'Armor is justified in requesting the suspension of his execution, until it is ruled on its legality by a collegial formation of the court ”, indicated the judgment.
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