Two lawyers launched an unprecedented collective action against Enedis “to enforce the refusal of the Linky”, following a petition signed by 12,000 people.
New turning point in the standoff between anti-Linky and Enedis. Since the start of its deployment in 2015, the Linky meter has raised many concerns. Two lawyers launched Monday 24th February 2020 in Toulouse, an unprecedented collective legal action against Enedis.
Their objective? “Enforce the rejection” of the new generation electric meter and compensate consumers for “notorious aggressive business methods of Enedis”. Decryption.
“The most important collective action” against Linky
“We are launching what could become the most important French collective action ” against the Linky counter, said Me Christophe Léguevaques and Me Arnaud Durand. To do this, the two lawyers of the Paris bar rely on a petition launched in November 2019 by their law firm MySmartcab.fr, which collected more than 12,300 signatures. “82% of our signatories say they are ready to take legal action,” adds Me Léguevaques.
While detractors of the Linky meter point their finger at concerns linked to possible health risks and the protection of personal data , the two lawyers say they simply want Enedis to comply with “the European directives which regulate the free choice of the consumer”.
Concretely, the two lawyers launch via the website of their firm this Monday the registration phase (which will last until March 31st, 2020) so that each citizen who wishes can participate in this collective legal action. It should be launched in May or June 2020.
As soon as there are at least 100 applicants in the same jurisdiction, the lawyers will then seize the competent judicial court (Toulouse, Bordeaux, Grenoble, etc.) in order to ask Enedis:
- prohibit the installation of any Linky and, if necessary, obtain the removal of a Linky already installed to your detriment;
- to guarantee the depollution of electricity against the new on-line carrier currents (CPL) added by the Linky system;
- to obtain compensation for non-pecuniary damage, up to € 5,000 per claimant, resulting in particular from the unfair commercial practices of SA Enedis.
“The consumer’s free choice is not respected”
“We are not anti-Linky ayatollah”, underlines Me Léguevaques who assures that this action “does not aim at the prohibition of the Linky meter”.
“If you’re happy with the Linky, keep it!” It is not our problem. We simply want to enforce the European directive which provides for the consumer’s free choice. However, this free choice is not respected since this meter is imposed by all means, including harassment by telephone and at home “, continues Me Léguevaques, who adds:
“The Linky dossier is an indicator of the extremely strong power of industrial players like EDF. This is why we have to be numerous because in front of us, we have the full power of EDF (via its subsidiary Enedis, Editor’s note), and the State, which protects EDF. Citizens must arm themselves judicially to ensure that their rights are respected. “
Before the courts, the two lawyers intend in particular to argue that the Linky counter “adds waves precisely subject to health uncertainty”, that “the installation of the Linky causes fires ” and “that no provision (European, legal or regulatory ) does not oblige the consumer to have the Linky accepted ”.
How to participate?
“Any consumer of electricity wishing to protect themselves against the Linky meter (it is not necessary to have signed the petition beforehand)”, can participate in this action, indicate the two lawyers. You just need to provide an ID and an electric bill.
To be defended in court, the plaintiffs will have to pay the sum of 8.2 € per month during the time of the trial, which will last from 12 to 24 months, according to the lawyers. “It is the price of a cup of coffee per week,” explain the two lawyers of the Paris bar.
How many Linky meters to install in France?
The installation of the Linky began in 2015. It should conclude in 2021 with the installation of 35 million devices throughout the country. At the peak of deployment, nearly 175,000 meters are installed each week, the equivalent of a city like Saint-Etienne. “The new meter will allow you to adapt your contract to your actual consumption and to be billed on the basis of actual indexes”, for its part, boasts Enedis