Conseil d’Etat (Contentieux)
Case Association Greenpeace France
29 September 1995
Given that (i) on 13 June 1995 the President of the Republic made public his decision to proceed, as a preamble to the negotiation of an international treaty, with the restarting of a series of nuclear tests; (ii) these tests had been suspended in April 1992 in support of a diplomatic initiative by France with a view to nuclear disarmament; (iii) this moratorium was extended in July 1993 after the principal nuclear powers had announced the suspension of their own tests; (iv) the decision under attack cannot therefore be detached from the conduct of the international relations of France and consequently falls outside any control by the courts; and (v) the administrative court is, in these circumstances, incompetent to hear the petition of Greenpeace France claiming that this decision be quashed for “ultra vires” (“excèsde pouvoir”);
Article 1: The petition of Greenpeace France is rejected;
Article 2: (…)
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