Linky continues to be in the news. Two users have filed a complaint against Enedis for the forced installation of the connected meter. After an initial trial and a referral to appeal, the Court of Cassation has ruled in favor of the energy network manager. A decision that will obviously infuriate Linky's detractors. Explanations.
The old meters that used to measure the electricity consumption of French homes are gradually being replaced by a small orange box that has caused a lot of ink to flow: Linky. While it is celebrating its 10th anniversary this year and has been installed in 37.5 million homes, the equipment is still criticized by a portion of the population. Electromagnetic waves too high, disclosure of personal information, etc.
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Linkys are installed and controlled by Enedis, the company that also manages the French electricity network. In 2020, the installation of a Linky was not mandatory, but there was a trade-off: since readings cannot be done automatically with a standard meter, owners who refuse Linky must pay additional fees. A few months later, the Versailles Court of Appeal reversed this decision: installation became mandatory, unless the owner suffered from electrosensitivity, even leading to the removal of one of them.
The Court of Cassation requires owners to install Linky
A decision that has just been confirmed by the Court of Cassation. The highest French court. The story begins when two users refused Enedis access to their home to install a connected meter and took the case to court. A case that will first go before the Court of Appeal in 2023. The latter ruled in favor of Enedis, they decided to take the case to the Court of Cassation. And the axe fell: "Users cannot oppose the installation of a Linky meter on their property." The notice was posted on the website of the National Energy Mediator.
In the document, we learn that the Court of Cassation considers that Enedis's mission is an imperative prerogative for users. This mission, governed by the Energy Code and the 2015 Law on Energy Transition and Green Growth, gives Enedis full legitimacy to install a Linky in the homes of recalcitrant homeowners. If the National Mediator affirms that each decision is valid only for the case at hand, it is clear that this decision will set a precedent.
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