The government relied solely on the coalition agreement when taking the decision to ban the pesticide, "without indication of any legal argument", the judges concluded.
The Administrative Court has upheld a decision by which Luxembourg's ban on glyphosate, which is used in Bayer's plant protection products, is deemed unlawful.
On Friday, the Ministry of Agriculture and Environment will outline the next steps now that glyphosate may once again be used in the Grand Duchy.
While farmers are happy about the decision, the Ecological Movement opposes the use of the pesticide.
The government would have imposed the ban "without indication of any legal argument," said the judges, and purely based on a coalition agreement.
Glyphosate has been banned in Luxembourg since 1 January 2022. In the EU, the pesticide is allowed until 15 December 2023, but an extension of the permit is possible.
Manufacturer Bayer therefore initiated legal action against the Luxembourg government, arguing that it was a violation of EU law.
Bayer also demanded 15,000 euros in damages from the state, a request that was rejected by the judges.
The judges further state that a national glyphosate ban is only possible if the EU member state can prove that the pesticide, due to the specific conditions in agriculture and the environment of that country, is a risk to the environment and health.
However, the Luxembourg state did not take this into account.
