Conseil d'État, 3ème - 8ème chambres réunies, 31/12/2020, 434754, Inédit au recueil Lebon
Court: | Conseil d'Etat (France) |
Judgement Number: | 434754 |
Record Number: | CETATEXT000042854735 |
Writing for the Court: | M. Martin Guesdon |
Vu la procédure suivante :
Par une requête et en mémoire en réplique, enregistrés les 23 septembre 2019 et 13 mai 2020, au secrétariat du contentieux du Conseil d'Etat, l'association Welfarm Protection Mondiale des Animaux de Ferme demande au Conseil d'Etat :
1°) d'annuler pour excès de pouvoir l'arrêté du 22 juillet 2019 du ministre de l'agriculture et de l'alimentation restreignant le transport routier des animaux vertébrés vivants durant les épisodes caniculaires ;
2°) d'enjoindre au ministre de prendre, dans un délai de quinze jours à compter de la notification de la décision à intervenir et sous astreinte de 500 euros par jour de retard, un arrêté suspendant sur l'ensemble du territoire national le transport routier et par voie navigable des animaux vertébrés vivants dès lors que la température extérieure est en deçà de 5° C ou supérieure à 30° C ;
3°) de mettre à la charge de l'Etat la somme de 3 500 euros au titre de l'article L. 761-1 du code de justice administrative et de le condamner aux entiers dépens.
Vu les autres pièces du dossier ;
Vu :
- le règlement n° 1/2005 du Conseil du 22 décembre 2004 ;
- le code des relations entre le public et l'administration ;
- le code rural et de la pêche maritime ;
- le code de justice administrative et le décret n° 2020-1406 du 18 novembre 2020 ;
Après avoir entendu en séance publique :
- le rapport de M. Martin Guesdon, auditeur,
- les conclusions de Mme Marie-Gabrielle Merloz, rapporteur public ;
Considérant ce qui suit :
1. Aux termes de l'article L. 214-3 du code rural et de la pêche maritime : " Il est interdit d'exercer des mauvais traitements envers les animaux domestiques ainsi qu'envers les animaux sauvages apprivoisés ou tenus en captivité. / Des décrets en Conseil d'Etat déterminent les mesures propres à assurer la protection de ces animaux contre les mauvais traitements ou les utilisations abusives et à leur éviter des souffrances lors des manipulations inhérentes aux diverses techniques d'élevage, de parcage, de transport et d'abattage des animaux ". Aux termes de l'article R. 214-17 du même code : " Il est interdit à toute personne qui, à quelque fin que ce soit, élève, garde ou détient des animaux domestiques ou des animaux sauvages apprivoisés ou tenus en captivité : (...) 3° De les placer et de les maintenir dans un habitat ou un environnement susceptible d'être, en raison de son exiguïté, de sa situation inappropriée aux conditions climatiques supportables par l'espèce considérée ou de l'inadaptation des matériels, installations ou agencements utilisés, une cause de souffrances, de blessures ou d'accidents ; / (...) / Les normes et spécifications techniques permettant de mettre en oeuvre les interdictions prévues par les dispositions du présent article sont précisées par arrêté du ministre chargé de l'agriculture et, lorsqu'il comporte des dispositions spécifiques à l'outre-mer, du ministre chargé de l'outre-mer (...) ".
2. Sur le fondement de ces...
Pour continuer la lecture
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