Information Note on the Court’s case-law 238

March 2020

Thibaut v. France (communicated case) - 41892/19 and 41893/19

Article 8

Article 8-1

Respect for home

Respect for private life

Installation of an extra-high voltage power line in the neighbourhood of dwellings: communicated

The applicants live near the site of a planned extra-high voltage power line (400,000 volts), which is to be installed just over 115 m etres from their home. Relying on the health hazards from the very low-frequency electromagnetic fields generated, they complain that the option was not taken of laying an underground power line in the residential area in question. As regards the possibili ty of avoiding this stressful hazard by moving house, the applicants state that they cannot do so because the presence of the power line will make it very difficult for them to sell their house.

While agreeing that the existence of health hazards should be regarded as a sufficiently plausible hypothesis in the current state of scientific knowledge, justifying the application of the precautionary principle, the Conseil d’État dismissed the appeal against the public-interest declaration covering the project, on the grounds, in particular, that a series of steps had been taken to monitor the electromagnetic waves and fields generated and that the adoption of specific technical measures (a dual electrical circuit helping to inhibit induced magnetic fields), comb ined with an undertaking to purchase dwellings located less than 100 metres from the power line, had provided a response to the risks which could not be deemed manifestly insufficient.

Communicated under Article 8 of the Convention.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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