The Conseil d’Etat has upheld the ruling of the Toulouse Administrative Court of Appeal and dismissed the appeals lodged by several organisations against the environmental permits granted for the A69 motorway project. The Conseil d’Etat ruled that the Administrative Court of Appeal had not erred in finding that the project served an overriding reason of major public interest (RIIPM), in light of its various objective (time savings, improved quality of life, economic development and road safety). The environmental permits for the A69 motorway project are now final.
The Castres–Toulouse motorway link project, better known as the « A69 », involves two operations: the construction of a new motorway between Verfeil and Castres (A69), and the widening of the A680 between Castelmaurou and Verfeil into a dual carriageway. Declared to be of public utility in 2018, the project was granted two environmental permits on 1 and 2 March 2023, issued by the Prefects of the Haute-Garonne and Tarn departments. These permits, in particular, authorize exemptions from the prohibition on the destruction of certain protected species.
Under the French Environmental Code, which implements European Union law, such protected species exemptions may be granted only where three conditions are met: the project must serve an overriding reason of major public interest ; there is no satisfactory alternative solution; and the project dos not adversely affect the maintenance of the protected species concerned at a favourable conservation status within their natural range.
In February 2025, the Toulouse Administrative Court cancelled the environmental permits for the A69 project, ruling that it did not meet the requirement of an overriding reason of major public interest. In December, however, the Toulouse Administrative Court of Appeal overturned that judgment and ruled that the condition had been met. Several associations and private citizens subsequently appealed to the Conseil d’Etat to overturn the ruling of the Toulouse Administrative Court of Appeal.
The motorway project serves an overriding reason of major public interest (RIIPM)
The Conseil d’Etat notes that the A69 motorway project pursues four distinct objectives: reducing travel time between Castres and Toulouse, improving the quality of life of local residents, enhancing road safety, and supporting the economic development of the Castres metropolitan area. It holds that the Administrative Court of Appeal was entitled to conclude that the (RIIPM) requirement was satisfied, without it being necessary to establish the existence of a critical situation of territorial isolation or demographic and economic decline in the aera concerned. Furthermore, the Conseil d’Etat finds that the Administrative Court of Appeal had committed no error of law in relying, among other factors, on the fact that the project had previously been declared to be of public utility.
No alternative solution can effectively achieve the objectives pursued
Finally, the Conseil d’Etat rules, as the Administrative Court of Appeal that had done before it, that neither upgrading the existing road network, nor widening the current National Road 126 into a dual carriageway, nor improving the railway connection constitutes a satisfactory alternative solution, since none of these options can meet the four objectives pursued as effectively as the planned motorway link.
The Conseil d’Etat also rules that the Court of Appeal had made no error in finding that the environmental impact assessment relating to protected plant species was complete and that the project did not jeopardize their conservation.
For these reasons, the Conseil d’Etat, ruling as a court of cassation, dismisses all three appeals. The environmental permits issued on 1 and 2 March 2023 are now final.
Timeline – « A69 » legal proceedings
• 2018 – The Castres–Toulouse motorway link project (A69 and the widening of the A680 to two lanes in each direction) is declared to be in the public interest.
• March 2023 – The Castres–Toulouse motorway link project (two sections) is granted two environmental permits.
Case brought before the Toulouse Administrative Court – Environmental organisations, elected representatives and other opponents seek the annulment of these permits.
• 27 February 2025 – The Toulouse Administrative Court cancels both environmental permits. It rules that the project does not meet the criteria for an overriding reason of major public interest (RIIPM), a necessary condition for obtaining an exemption from the protection of protected species.
Appeal and application for a stay of execution – ATOSCA, the Southern France Motorway Company and the Minister for Ecological Transition lodge an appeal with the Toulouse Administrative Court of Appeal (CAA) and apply for a stay of execution of the judgements.
• 28 May 2025 – The Toulouse CAA grants the stay of execution. Work may resume pending the decision on the merits of the case.
• 30 December 2025 – The Toulouse CAA overturns the Administrative Court’s judgement and dismisses the opponents’ claims. The court adopts a different interpretation of the RIIPM condition.
Appeals in Cassation (Pourvois en cassation) – Three appeals are lodged with the Conseil d’Etat against this judgment, each brought by a group of appellants led by an organisation (FNE, Notre affaire à tous, Friends of the Earth).
• 15 June 2026 – During the hearing before the Conseil d’Etat, the consulting judge (rapporteur public) recommends that the three appeals be dismissed
The protected species regime
French and European law protect certain animal and plant species, as well as their habitats. The principle is that protected species must not be harmed: in principle, a project must not destroy them, disturb them or degrade their habitats.
However, where a project is of particular interest, a « protected species derogation » (DEP) may be granted. This derogation is required where the project is likely to cause a sufficiently significant adverse effect on one or more protected species (Art. L411-2).
The law sets out three cumulative conditions for such an exemption to be granted:
1. The project must serve a public interest purpose provided for by law, including an overriding public interest of major importance (RIIPM). A RIIPM corresponds to a particularly significant public interest which, in exceptional circumstances, may justify an adverse impact on protected species, taking into account, in particular, the economic, social, environmental or security considerations associated with the project.
2. There must be no other satisfactory alternative for achieving the same objectives whilst avoiding or minimising the adverse impact on protected species.
3. The project must not jeopardise the maintenance of the species concerned in a favourable conservation status within their natural range.
All three conditions must be met simultaneously. Otherwise, the derogation cannot be granted.
The Conseil d’Etat, ruling as a Supreme Court judge
When a case is brought before the Conseil d’Etat on appeal, it does not re-examine the case. It does not revisit the facts, which have already been examined by the administrative court and then the administrative court of appeal. Its role is limited to verifying that the law has been correctly applied.
The Conseil d’Etat ensures that the Administrative Court of Appeal has not misinterpreted the law, has not misclassified the facts, and has provided sufficient grounds for its decision. It may also penalise a ‘distortion’ of the documents in the case file, that is to say, an interpretation that is manifestly contrary to what the documents actually contain.
Following its review, the Conseil d’Etat may either dismiss the appeal or overturn (’quash’) the decision of the Administrative Court of Appeal. In the event of a reversal, the case is usually referred back to the Administrative Court of Appeal, which must then re-examine it, taking into account the Council of State’s interpretation of the law. If the appeal is dismissed, the court’s decision becomes final.
Décision n° 512448, 512492, 513071, 513102, 513191, association France Nature Environnement Occitanie- Pyrénées et autres, association Amis de la terre Midi-Pyrénées et autre- association Notre Affaire à tous et autres, du 29 juin 2026