For the Bordeaux Court of Appeal, the Linky meter is not mandatory

A Linky meter, illustration -

• Seized in summary proceedings, the Bordeaux Court of Appeal confirmed that Enedis should install filters for 13 electrosensitive plaintiffs, to protect them from electromagnetic fields.

• Even if it rejects 52 applicants for their request not to be equipped with Linky or to have them removed, it nevertheless considers that the smart meter is not compulsory, contrary to what Enedis asserts.

• "It's a real step forward in our fight," said one of the plaintiffs' lawyers, even if in the end Enedis is not sanctioned and can continue to install its smart meters.

This will give grain to grind to all those who do not want to hear about the Linky meter at home.

But concretely, that does not change anything for Enedis which can continue to install its smart meters in the hearths… The Court of Appeal of Bordeaux delivered a half-hearted decision, concerning the smart meter, which is debated since it has started to be deployed in France in 2015.

In a judgment of November 17, and of which

had a copy, the Court of Appeal indeed stipulates that "contrary to what the company Enedis affirms, no legal or regulatory text, European or national imposes on Enedis (…) To install Linky meters in private homes, which certainly fall into the category of smart or communicating meters, but are in reality only a model.

"

"A first and a real step forward in our fight"

Earthquake, or small shock, in the highly regulated world of the energy sector?

The lawyers of several dozen plaintiffs, who had seized the summary proceedings judge in Bordeaux in 2019 via a collective action, want to believe in a new start in their fight against the Linky.

“Enedis has so far never produced the text proving that the Linky meter is compulsory, it is the first time that a court has said it, and when it is a court that recognizes it, it has more effect only when it is a lawyer ”, rejoices Me Arnaud Durand.

“Until now, there was never any confirmation or denial of the obligatory nature of the meter, the courts passed over by considering that it was not an important point, notes Me Christophe Lèguevaques, creator of the mySMARTcab platform, which brings together collective consumer actions.

There, the Court of Appeal justifies its decision in black and white, it is a first and a real advance in our fight.

"

"The Court of Appeal does not follow its logic to the end"

Certainly.

But in the end, the court of appeal does not pronounce any sanction, and acting within the framework of an interim relief, its decision is provisional and liable to be called into question when the case is debated on the merits.

Me Christophe Lèguevaques agrees.

“The Court of Appeal does not follow its logic to the end, and does not sanction Enedis, this is where it is a little disappointing and we are considering appealing to the Supreme Court.

"Me Arnaud Durand still hopes that" this decision brings us back to the field of law and rebalances things a bit, in the trench warfare between Enedis who is trying to force their way through, and consumers who oppose Linky.

"

Contacted by

, Enedis barely commented on the decision, contenting itself with answering that "the CPL (Line Carrier) technology chosen for the communication of Linky meters complies with all the legislative, regulatory and regulatory provisions governing the deployment of communicating meters.

"The company prefers to insist on the fact that" on the judicial level, the Bordeaux Court of Appeal dismissed 52 applicants [more than 200 at first instance] for their initial request not to be equipped with Linky meters or to have them remove.

"

Obligation to install filters to protect against electromagnetic fields

This judgment of the Court of Appeal, effectively follows a summons for interim relief on January 2, 2019, of approximately 200 plaintiffs who opposed the installation of a Linky meter, or requested its withdrawal.

This was a national collective action grouped within the mySMARTcab platform.

In Bordeaux, the collective action was coordinated by lawyer Pierre Hurmic, who was not yet the EELV mayor of Bordeaux.

All the plaintiffs had been rejected in their request to remove the Linky meter, except 13 of them considered to be "electrosensitive", the court obliging Enedis to install filters protecting them from electromagnetic fields, which the Court of Appeal said. confirmed, under penalty of a penalty "of 500 euros per day of delay and per delivery point for a period of three months.

"" It is obvious that we will apply the court's decision, "assures Enedis.

On this question, the ANFR (National Frequency Agency), after several measurement campaigns, had however established that "the transmission of the PLC signals used by the Linky does not lead to a significant increase in the level of the ambient electromagnetic field" .

The National Health Security Agency (ANSES) had, in 2016, judged the probability that these meters could have harmful effects "very low", and had not changed its conclusions after new measures in 2017.

"Enedis has failed in its obligation to provide information"

The Court of Appeal also raises another unprecedented point, underline the lawyers, by estimating that "it is necessary to consider that the company Enedis failed in its obligation of information as defined by the provisions of the article L.111-1 of the Consumer Code.

"Thus, the" notice given to any user where a Linky meter is installed (...) falsely states that the Linky meter is not able to know the consumption of home automation devices taken in isolation ", considers the judge.

A function described as "intrusive" by the opposing parties of Enedis.

“The meter records the overall consumption of the household in kilowatt-hours (kWh), supports Enedis for its part, it does not record the details of the electrical consumption device by device.

"The Linky meter allows" a reading of consumption remotely without the intervention of a technician, or even faster failure detection ", recalls Enedis.

Some 29 million meters have already been installed, including more than a million in Gironde, Dordogne and Lot-et-Garonne, and the program should end as planned in 2021 with the installation of 35 million meters.

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