CASE COMMENTS: PUBLIC ACTIONS – FRANCE - EXPORT BAN – PHYTOPHARMACEUTICAL PRODUCTS – ENTREPREUNARIAL FREEDOM

Entrepreneurial freedom: The French Constitutional Council holds that the ban of production and circulation of non-EU approved phytopharmaceutical products does not breach the constitutional entrepreneurial freedom (Union des industries de la protection des plantes)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. The priority question of constitutionality ("QPC") put to the Constitutional Court concerned paragraph IV of Article L. 253-8 of the Rural and Maritime Fishing Code. The latter prohibits, as of 1 January 2022, the production, storage and circulation of certain plant protection products containing substances prohibited by Regulation No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market (V. art. 2). Pursuant to the provisions of the Rural and Maritime Fishing Code, the Government has adopted a circular limiting the list of prohibited substances to those which

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  • University Paris II Panthéon‑Assas

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Jeremy Martinez, Entrepreneurial freedom: The French Constitutional Council holds that the ban of production and circulation of non-EU approved phytopharmaceutical products does not breach the constitutional entrepreneurial freedom (Union des industries de la protection des plantes), 31 January 2020, Concurrences N° 2-2020, Art. N° 94523, pp. 211-212

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