The Toulouse Administrative Court confirmed that Ennedis could not install its Linky meters in the houses without the inhabitants' authorization, under the principle of ownership.
The administrative court of Toulouse published a judgment on Tuesday concerning the decree taken by the mayor of the city of Blagnac (Haute-Garonne) last May. This decree intended to guarantee users a "right of refusal" of the Linky smart meter without external pressure. Thus, the court partially suspended the order. Only two provisions were retained: those recalling the right of private property and the necessary protection of the personal data of the customers.
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For Enedis, EDF's subsidiary in charge of setting up the electricity network, this affair just recalls the existing law. It does not mention the implementation of a new rule on the installation of meters. "The Administrative Court of Toulouse has not made a decision against us," said the management in a statement.
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Meters installed outside?
But if they are denied access to certain homes, as the law allows, can technicians set the meter outside? "It's a possibility," confirms the UFC Energy Officer – What to choose, like the water meters, the majority "was installed on the edge of properties." "But this is not the initial strategy of EDF. The costs associated with such a decision would be huge ". In addition, outdoor meters should "be compulsorily connected by some means to homes". A measure that also requires "user approval" and "would not solve the problem," he says.
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"A legal framework not clear"
But Enedis has more than one string to his bow. If the electricity distributor has so far assured that it will not cut power to customers who do not deign to change meters, its contracts specify the obligation to accept the technological advances of the company. "The contract could become a real constraint for the customer. Enedis reserves the right to cut off electricity if certain mentions are not respected, "says the UFC Energy Officer – What to choose. A situation that he considers "worrying in the long term". On the other hand, customers will be "quickly made to pay the counter" if they refuse to install a new one. Fees "clearly mentioned in the contracts", which could eventually weigh heavily on the users' budget. Enedis does not fail to recall that "the replacement of meters (…) is essential for the modernization and securing of the electricity network serving each home."
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