The administrative court of Rennes ruled, concerning the anti-pesticide decree issued by the mayor of Saint-Brieuc on December 1. In a decision rendered this Friday, January 22, the court ordered that the order be “suspended until it is ruled on its legality by a collegiate formation of the court”.
Justice therefore followed the demands of the Prefect of Côtes-d’Armor who had decided to attack this municipal decree prohibiting, in particular, the use of plant protection products “throughout the territory of the municipality of Saint-Brieuc”.
Protect human health
During the hearing on Thursday January 21, Aline Le Boédec, deputy mayor, defended a decree aimed at “the pursuit of the general interest and the protection of human health, biodiversity and the environment” .
But, recalls the court, the mayor of Briochin could not use his general police power “to enact regulations relating to the general conditions of use of plant protection products which it is up to the State authorities alone to take”.
A “serious doubt”
The administrative tribunal also indicates that “the legislative and regulatory provisions in force ensure a high and uniform level of protection of human and animal health and the environment”. And therefore judges that “the mayor of Saint-Brieuc acted outside the scope of his provided competence”, which “is suitable for creating, in the state of the investigation, a serious doubt as to the legality of the decree of December 1, 2020 ”.