Pesticides, illustration -

Matias Delacroix / AP / SIPA

  • The anti-pesticide decree of the town of La Montagne taken in January was temporarily suspended this Friday.

  • Since January, Grenoble and ten municipalities in Ile-de-France have taken a similar decree.

He thought he had found a loophole in publishing this text.

Friday, the order of the mayor of La Montagne (Loire-Atlantique) prohibiting the waste of phytosanitary products which spills out of the treated plots, was finally suspended by the summary judge of the administrative court of Nantes.

A decision taken while awaiting a judgment on the merits of this municipal decree, taken on January 11, 2021. The mayor of the town, which is part of Nantes Métropole, proposed to consider all product discharges as waste phytosanitary products that spread outside the site for which they are intended.

A first request from the prefect of Loire-Atlantique was rejected on March 5 by the summary judge.

A second prefectural request was registered on March 15.

The judge considers that "the plea raised by the prefect of Loire-Atlantique, alleging the incompetence of the mayor, appears, in the state of the investigation, likely to create a serious doubt as to the legality of the contested decree ".

The decree has since been emulated

"This question that we ask:" is the mayor competent, as we think, to prohibit waste from plant protection products outside plots? ", This question is not dealt with in the order ”, regretted Friday the lawyer of La Montagne, Me Arnaud Gossement.

"It is a decision of waiting, since the most important article has not been suspended, article 2 which prohibits the deposit of waste on the territory of the commune", also assured Me Gossement, hoping that the case will be judged on the merits "by the summer".

Since January, Grenoble and ten municipalities in Ile-de-France have taken a decree similar to that of La Montagne, in response to a decision of the Council of State refusing them the regulation of these contested products.

In this decision rendered on December 31, the highest administrative court had confirmed that it was not within the power of the mayor to prohibit the use as such of pesticides in his municipality, putting an end to a legal and political battle. launched by the mayor of Langouët (Ille-et-Villaine) in May 2019. Several dozen municipalities then took similar decrees, then invalidated.

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