Frankrijk: Rechtbank in Angers verbiedt installatie zendmast (voorzorgsbeginsel)

vrijdag, 06 maart 2009 - Categorie: Berichten Internationaal

Bron: next-up.org 6 maart 2009

Een rechtbank in Angers heeft op 5 maart besloten dat een geplande zendmast niet geïnstalleerd mag worden i.v.m. de aanwezigheid van een school op minder dan 100 m.afstand. De rechter verwijst daarbij naar het voorzorgsprincipe.
In Frankrijk groeit de overtuiging dat zij die verantwoordelijk zijn voor de uitrol van zendmasten binnen de bebouwde kom na recente rechterlijke uitspraken berustend op het burgerlijk recht weldra geconfronteerd zullen worden met het strafrecht; zie daarvoor de bijgevoegde PDF (Engelse versie) over de situatie in Frankrijk en de eerste tekenen van paniek bij de Franse overheid.

Engelse tekst:

Judgement : Judgment:

Residents living near the future site of a phone mast vs. Residents living near the future site of a phone mast vs. Orange Orange
Interdiction to install an Orange mobile phone antenna in a church tower. Prohibition to install an Orange mobile phone antenna in a church tower.

A judge in Angers Tribunal de Grande Instance (District Court) has forbidden the Orange phone company to install mobile phone antennas in the bell tower of a church right next to a school. A judge in Angers Tribunal de Grande Instance (District Court) has forbidden the Orange phone company to install mobile phone antennas in the bell tower of a church right next to a school.

This judgement is a first in France, since sentence has been passed before the event. Judgment This is a first in France, since sentence has been passed before the event.
The judge explained that his decision was based specifically on the precautionary principle. The judge explained that his decision was based specifically on the precautionary principle.

On the initiative of a residents' action group and the parents of pupils at the school, half the 400 inhabitants in Notre Dame d’Allençon, near Angers, signed a petition against the installation of an Orange mobile phone base station in the bell tower of their church. On the initiative of a residents' action group and the parents of pupils at the school, half the 400 inhabitants in Our Lady of Allençon, near Angers, signed a petition against the installation of an Orange mobile phone base station in the bell tower of their church.

Within 50 metres of it there is a nursery school and a primary school, a fact that Françoise Aubin, the protest organiser, pointed out to Orange in no uncertain terms: ''It will be right on top of the nursery school and the primary school, so we want it somewhere else!'' Within 50 meters of it there is a nursery school and a primary school, a fact that Françoise Aubin, the protest organizer, pointed out to Orange in no uncertain terms: ''It will be right on top of the nursery school and the primary school, so we want it somewhere else! ''

Faced with the decision by the Town Council to grant permission for the installation, the protest group realised that they had to act, and then took the initiative by bringing a petition against Orange before the District Court in Angers. Faced with the decision by the Town Council to grant permission for the installation, the protest group realized that they had to act, and then took the initiative by bringing a petition against Orange before the District Court in Angers.

Their defence was undertaken by Maître Denis Seguin, a lawyer who specialises in environmental law, who in his summing up emphasised the precautionary principle: Their defense was undertaken by Associate Professor Denis Seguin, a lawyer who specializes in environmental law, who in his summing up emphasized the precautionary principle:
''At Notre-Dame-d'Allençon, the children would be exposed against their will.'' ''At Notre-Dame-d'Allençon, the children would be exposed against their will.''
In his plea the lawyer listed the most common pathologies caused by exposure to artificial hyperfrequency microwave radiation. In his plea the lawyer listed the most common diseases caused by exposure to artificial hyperfrequency microwave radiation.

In the name of the group Maître Seguin even proposed to Orange an alternative site: In the name of the group Master Seguin to Orange even proposed an alternative site:
''We made a proposition, but it would mean putting up a pylon, and the cost is not the same as in the bell tower.'' ''We made a proposal, but it would mean putting up a pylon, and the cost is not the same as in the bell tower.''

Through their lawyer Maître Christian Sourau, from the bar of Val d'Oise, the response from Orange was not long in coming: ''The bell tower exactly meets the requirements for completing the link-up of the network. Orange respects the regulations and the recommendations from the authorities.'' Through their lawyer Maître Christian Sourau, from the bar of Val d'Oise, the response from Orange was not long in coming: ''The bell tower exactly meets the requirements for completing the link-up of the network. Orange respects the regulations and the recommendations from the authorities. ''

As for the health hazards from artificial microwave radiation, he added: ''All the effects cited are not scientifically proven. The experts have not found any health hazard. At Notre Dame d'Allençon the exposure to microwave emissions will be 50 times less than the statutory limit. The beams will not be directed at the school.'' As for the health hazards from artificial microwave radiation, he added: ''All the cited effects are not scientifically proven. The experts have not found any health hazard. At Allençon Our Lady of the exposure to microwave emissions will be 50 times less than the statutory limit. The beams will not be directed at the school. ''

On Thursday 5 March 2009, after a month of deliberation, the judgement given by the Angers Court forbids Orange to install the relay antenna in the tower. On Thursday 5 March 2009, after a month of deliberation, the judgment given by the Angers Court forbids Orange relay to install the antenna in the tower.


The Court (photo) explains its decision by pointing out that the site of the school is less than 100 metres from the church, and is therefore very likely to be subjected to the radiation from the antenna. The Court (photo) explains its decision by pointing out that the site of the school is less than 100 meters from the church, and is therefore very likely to be subjected to the radiation from the antenna.
As a result the judgement stipulates that the school should be classed as a 'sensitive' building and therefore merits the specific application of article 110 of the environment code detailing the precautionary principle. As a result the judgment stipulates that the school should be classed as a 'sensitive' building and therefore merits the specific application of article 110 of the environment code detailing the precautionary principle.

The decision is based also on a statement in the report of Prof. The decision is also based on a statement in the report of Prof.. Denis Zmirou, the former Scientific Director of AFSSE (Health and Safety Authority): Denis Zmirou, the former Scientific Director of AFSSE (Health and Safety Authority):
''There is a health risk for people living nearby.'' ''There is a health risk for people living nearby.''

The judge also cites the statement that: ''It is preferable to reduce to a minimum the exposure level of potentially vulnerable people such as children and certain people who are sick.'' The judge also cites the statement that: ''It is preferable to reduce to a minimum the exposure level of potentially vulnerable people such as children and certain people who are sick.''

In consequence, ''In the light of uncertainties over the guarantees offered for the protection of a sensitive building such as the municipal school ... the precautionary principle compels us to forbid the realisation of the plans to install relay antennas in the bell tower of the church of Notre-Dame d'Allençon''. In consequence, ''In the light of uncertainties over the guarantees offered for the protection of a sensitive building such as the municipal school ... the precautionary principle compels us to forbid the realization of the plans to install relay antennas in the bell tower of the church of Our Lady of Allençon.

The terms of the judgement sentence the phone operator Orange to pay the sum of 2500€ to the petitioners as well as costs. The terms of the judgment sentence the phone operator Orange to pay the sum of € 2,500 to the petitioners as well as costs.
In addition to being forbidden to install the antennas, Orange is also subject to a penalty of 5000€ ''for carrying out the prohibited works per observed offence per day.'' In addition to being forbidden to install the antennas, Orange is also subject to a penalty of 5000 € ''for carrying out the prohibited works observed per day per offense.''

Voor het originele bericht zie:
www.ouest-france.fr/actu/actuLocale_-a-Angers-aussi-le-juge-interdit-l-antenne-relais-_40731-848994------49007-add_actu.Htm .

Bekijk het PDF bestand


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