If electricity and gas are essential to our daily needs, they are nonetheless governed by traditional contracts.

When a user does not respect his payment obligation, the operator is entitled to interrupt the service and even to terminate the subscription.

However, when it is the main domicile, the law imposes certain safeguards to protect individuals.

A winter break not absolute

"The main limitation is the extension of the winter break," explains Me Rémy Coin, lawyer specializing in energy law at Ravetto Associés.

In the same way that it is forbidden to proceed with the expulsion of a family during the coldest months of the year, “article L115-3 of the Code of social action and families prohibits cutting electricity or gas for households between November 1 and March 31 of the following year ”.

As part of the health crisis, this period of respite has also been extended until July 10 in 2020 and until June 1 in 2021.

In the absence of a complete power cut, the law authorizes the reduction of electrical power to the minimum vital during this period.

In short: you will only have enough to operate the most essential equipment.

Back off to better blow up

The power cut procedures generally resume at the end of the winter break.

And this summer 2021 promises to be particularly harsh, since tens of millions of euros of unpaid bills accumulated last year.

From the start of the year, the Abbé-Pierre foundation warned of this “time bomb”.

A fear confirmed in mid-June by the National Energy Mediator, who already announced to UFC-Que Choisir an increase in the number of reports of power or gas outages compared to the end of the winter break in 2020.

In order to avoid wild interruptions, a decree of August 13, 2008 imposes certain deadlines.

“In principle, you have 14 days to settle your bill.

If you do not do this, the energy supplier must then revive you and grant you an additional 15 days.

It is only at the end of this period that he can proceed to the interruption of the service ”, details Me Coin.

The winter break, it suspends the procedures but does not reset the counters to zero.

This is why a good number of power cuts were made from the first days of June.

Find solutions

To avoid reaching such extremes, the first instinct should be to contact the customer service of your energy supplier, at the slightest difficulty.

As the expert reminds us, a good number of operators indeed agree to set up payment schedules.

You should also know that before any restriction of the service, the company must inform you of your possibilities of obtaining financial assistance, such as energy vouchers or solidarity funds, if you do not already benefit from it.

The Communal Center for Social Action (CCAS) is also alerted to the situation when the outage lasts more than 5 days, in order to help you find a solution.

You will then be more protected *.

If nothing works, you can then turn to your supplier's internal mediator or the National Energy Mediator.

It can be entered directly online or by mail 2 months after an unsatisfactory response or no response from the operator.

As a last resort, you can turn to the court.

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* Even more protective rules have been put in place to support the most vulnerable groups: On receipt of an electricity or gas bill, the legal deadline of 29 days (14 standard days + 15 days from the reminder) to be observed before proceeding with the interruption or reduction of the service is extended by 30 days.

In addition, during the winter break, no reduction in electrical power can be applied.

This concerns the 5.5 million households receiving the energy voucher, but also the beneficiaries of the housing solidarity fund managed by the CCAS and finally the households meeting the criteria of the aid agreements concluded between energy suppliers and departments.

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