The administrative justice rejected the request for an emergency suspension of the government decision canceling the establishment of a technical control of two-wheelers, we learned on Monday from the NGO initiating the request and its lawyer.
Read alsoWill France end up making the technical control of two-wheelers compulsory?
The association "
Respire
" to fight against atmospheric pollution had launched an emergency procedure (referred suspension) against the about-face of the government. The latter had published on August 11 in the Official Journal a decree establishing from January 2023 this control imposed by an EU directive). This new technical control was to concern all motorized vehicles with two, three and four wheels, 50 cm3 scooters and cars without a license included, to fight against accidents and pollution.
But the government announced the next day its suspension "
until further notice
", at the request of the President of the Republic in the face of the discontent of the biker federations.
Emmanuel Macron had defended this decision by the desire not to "
add constraints
" to the French at a time when they are already undergoing the health crisis.
Jean-Baptiste Djebbari brought together the biker federations at the beginning of September in order to "
co-construct an alternative system
".
Date of review of proceedings on the merits not fixed
The summary judge of the Council of State considered that the condition of urgency was not met, in particular because of the expected entry into force deadlines, said Respire's lawyer, Pierre-Eugène Burghardt.
"
While we are facing a climate emergency, it is quite paradoxical,
" he said, while welcoming that the judge did not reject the request on the merits, which argues in particular that neither the president of neither the Republic nor the Minister for Transport Jean-Baptiste Djebbari had the legal competence to suspend the initial decree, signed by the Prime Minister.
"
Respire
" considered on the contrary, despite the decision rejecting its emergency procedure, "
that there is, in view of the imperatives of road safety and environmental protection, a need to implement, without delay, this
European
directive
.
No date was immediately set for a review of the proceedings on the merits.
