France: “Towards redefining rights in the light of imposed technologies"
"a broader debate about the reconciliation of technological developments and individual rights, especially when it comes to digital technology being installed in people's private spaces'
SMART METERS FRANCE:
We can claim victory, the court rules against Enedis regarding the installation of its meters
"In France, the many lawsuits and also legal victories against the mandatory rollout of smart meters are now leading to a broader debate about the reconciliation of technological developments and individual rights, especially when it comes to digital technology being installed in people's private spaces.”
Translated from French:
“Towards redefining rights in the light of imposed technologies Cascina's legal victory could spark a fundamental movement. Anti-smart meter associations are already preparing more than 1200 similar lawsuits throughout the country.
This increasing mobilization could force the government to revise their approach to technological rollout. The government seems to be aware of the extent of the protest.
The Ecological Transition Minister has announced a “multidisciplinary audit” for June 2025 involving lawyers, doctors and consumer organisations – a first since the controversial launch of the smart meter programme in 2015.
This case goes beyond the simple issue of electricity meters. It fundamentally questions the consent of citizens with the digital infrastructures imposed in their private areas. The Ombudsman had also pointed out this delay in the regulations in his last annual report.
The challenge is now to create a new legal framework that reconciles technological development and respect for individual freedoms. The decision of the court in Lyon could therefore be the beginning of a new era in which technical development will have to deal with a fundamental right: the right to choose which technologies are present in its own direct habitat."
2019: French court rules against Linky for health reasons
A French court has ordered the removal of the controversial Linky electricity smart meters from 13 homes, for medical reasons.
The tribunal de grande instance (TGI or the civil court) of Tours considered the case of 121 “anti-Linky” complainants and threw out 108 of the claims. The remaining 13 were accepted, with the court conceding a possible link between their medical complaints and their Linky smart meters.
One included a seven-year-old child living in Tours, who was - the court said - in “a state of chronic fatigue” and having “difficulty sleeping”, as proven in a medical note, “which could be linked to the Linky meter”.
The court demanded that in the case of these 13 individuals, the Linky meter be removed, and the households be delivered electricity without the device.
Lawyer for the complainants, Arnaud Durand, said that he would push for compensation for “the people who will not be able to live at home”.
In June 2017, medical safety agency L'Agence Nationale de Sécurité Sanitaire (Anses) concluded that the meters could be linked to some “health doubts” - including the possible consequences of exposure to electromagnetic fields.
These have not yet been resolved, according to Me Durand.
He is now hoping to bring more cases against the installation of the Linky meter throughout France.
The country has already seen 22 cases brought to court, including in Rennes, Toulouse, and Bordeaux. Most claims were thrown out, except for a few complainants who cited “electro-sensitivity” to the meters.
The Linky was first rolled out by electricity distribution network company Enedis in 2015. The meters enable electricity use to be measured remotely, so users are charged without a need for a manual reading by the homeowner or an engineer.
Homeowners are also expected to save up to €50 per year on their bills.
But the meters have been controversial since the beginning, with critics stating concerns over the alleged health risks, fire risks, and the transmission of individuals’ data to a private company. Some have also said that the design and manufacturing process breaks competition and monopoly laws.
More than 700 communes have come out against the Linky so far.
In February this year, a court ruled that a village had the right to say no to them, and residents of the town of Blagnac (Occitanie) were given legal permission to refuse for Enedis to collect any information from their Linky, or for an engineer to enter their property.
Yet, there are set to be 34 million Linky meters across France by 2021. They are legally required to have replaced 80% of the previous mechanical meter stock by 2020 - in line with a European Commission directive stating that all member states must change to at least 80% smart meters by this date.
(France is using a powerline technology, which is not safer than wireless, and has been linked to health harm in the U.S. and elsewhere) To understand more about the different types of meters in use in the U.S., see EIWellspring’s guide here: Smart Meter)