The Paris administrative court condemned the State for "
wrongful negligence
" in the case of chlordecone, used as a pest control in the Antilles, but rejected the plaintiffs' claims for compensation for anxiety damage, in a decision obtained on Monday June 27 by AFP.
Read alsoChlordecone in the West Indies: the end of the investigations pronounced
"
State services have committed culpable negligence by allowing the sale of the same antiparasitic specialty containing 5% chlordecone
", under various names, "
by authorizing the continuation of sales beyond the legally provided deadlines in the event of withdrawal of approval
”, according to this decision rendered on Friday.
Chlordecone, a pesticide banned in France in 1990 but which continued to be authorized in the banana fields of Martinique and Guadeloupe by ministerial derogation until 1993, caused significant and long-lasting pollution of the two islands.
More than 90% of the adult population in Guadeloupe and Martinique is contaminated with chlordecone, according to Public Health France.
A “decisive breakthrough”
However, the administrative court considered that "
with the exception of their presence in Martinique or Guadeloupe for at least twelve months since 1973, the applicants do not mention any personal and detailed element allowing to justify the prejudice of anxiety of which they prevail
”.
Consequently, "
the claims for compensation presented by the applicants must be rejected
", indicates the judgment.
In addition, according to the administrative court, "
the applicants are not justified in maintaining that the State was late in implementing measures to protect the populations or that the information disseminated was contradictory
", added the administrative court.
For Me Christophe Lèguevaques, who represents the 1,240 applicants, this decision is however a “
decisive step forward
”.
“
This can be used in the criminal case of chlordecone.
Whereas until now, we had in front of us manufacturers or distributors of this product who said: + I only distributed an authorized product, so you can't do anything against me +, there, we have a court which tells us that the authorizations of the 70s were illegal and therefore are likely to involve the responsibility of the State, but also can call into question the responsibility of the distributors
”, explains the lawyer.
Read alsoIn Guadeloupe, Hidalgo offers full coverage of medical costs related to chlordecone
Other proceedings are currently underway regarding the use of chlordecone in the West Indies, including a poisoning complaint filed sixteen years ago.
However, the two investigating judges of the public health center of the Paris court announced on March 25 to the complaining communities and associations their intention to close this file without issuing an indictment, thus directing it towards a possible dismissal. .
Me Lèguevaques intends to appeal to obtain recognition of the prejudice of anxiety, like what the victims of asbestos obtained.