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Case:
Conseil d’Etat (Contentieux) No.171277 Case Association Greenpeace France
Date:
29 September 1995
Translated by:
J T Brown
Copyright:
Professor B. S. Markesinis

Conseil d’Etat (Contentieux)
No.171277
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”);

DECIDES:
Article 1: The petition of Greenpeace France is rejected;
Article 2: (…)

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