Document type : news item from the French Conseil d'Etat
Author: Conseil d'Etat
Preview: The French "Food Act" (EGAlim) of 30 October 2018 provided for the gradual introduction of a ban on the cage rearing of laying hens concerning all new buildings but also including "refurbished buildings". However, this concept is too vague to be applied as it stands, and it must be the subject of a decree from the Prime Minister specifying its definitional limits. The French Council of State, at the request of an animal welfare association, ordered the Prime Minister to publish this decree within six months, on pain of a fine of 200 euros for each day of delay after that time.
To achieve the phasing out of battery hen rearing, Article 68 of the law for the balance of trade relations in the agricultural and food sector and healthy, sustainable and accessible food for all (EGAlim) of 30 October 2018 prohibits "the commissioning of any new or refurbished farm building for laying hens reared in cages". This article makes provision for its practical application to be defined by decree.
In the absence of this decree, the Compassion in World Farming France (CIWF) group requested its publication from the Prime Minister and referred the subsequent refusal received to the Conseil d'État.
The Conseil d'État reminds us that the Prime Minister is required to take the necessary measures to implement a law within a reasonable time. It then notes that the concept of a "refurbished building" is not sufficiently precise, and therefore concludes that the law cannot come into force in the absence of an implementing decree. Finally, it notes that two and a half years have passed since the Act came into force, and considers that this delay exceeds the reasonable time available to the Prime Minister to issue the implementing decree provided for by the Act.
For these reasons, the Conseil d'État ordered the Prime Minister to issue this decree within six months, after which time he would be subject to a fine of 200 euros per day.
Read the decision n° 441660
