Belgian Court Orders Resident to Accept Digital Electricity Meter
A judge at the Court of First Instance in Ghent has ruled that Philip Haers (67), a resident of Bassevelde in East Flanders, must allow Flemish distribution network operator Fluvius to install a mandatory digital electricity meter in his home. The court rejected Haers’ arguments based on health concerns about electromagnetic radiation and privacy, marking the 30th consecutive legal victory for Fluvius against digital meter refusers.
The ruling, delivered on September 7, grants Fluvius authorization to access Haers’ property to install the meter, if necessary with the assistance of a bailiff. However, the court excluded provisional enforceability, meaning Fluvius cannot proceed with forced installation while the appeal period is running. Haers’ lawyer, Johan Verstraeten, has indicated the defense will likely appeal.
Background: Flanders’ Digital Meter Rollout
Digital meters became mandatory in Flanders as part of EU-wide energy policy. The European Union requires member states to deploy smart meters when a cost-benefit analysis shows positive results, which is the case in Flanders. Fluvius has been installing only digital meters since July 1, 2019, and approximately 85 percent of Flemish homes already have one, according to VRT NWS. Fluvius aims for 100 percent coverage by 2029, as reported by HLN.
Haers, a former face of the Flemish culture channel Klara and trained as an industrial electronics engineer, had refused installation citing health concerns. He argued that the meters emit electromagnetic radiation that could affect his health and that the so-called wired alternative still involves wireless transmission through an external antenna.
The Court’s Reasoning
The court systematically rejected all four defenses raised by Haers. On health concerns, the ruling stated that Haers “does not prove that the ‘classic digital meter’ emits electromagnetic radiation of such a nature that it significantly affects the right to a healthy living environment,” nor did he demonstrate that he is radiation-sensitive. The court noted he provided no medical documentation to support his claims.
Regarding the wired alternative, the court found that placing an external antenna at the property line approximately 20 meters from Haers’ home would reduce radiation to “negligible proportions” by the time it reaches the residence. The court also rejected privacy arguments, noting that the Constitutional Court has already determined that digital meter data collection complies with privacy rights under Article 22 of the Belgian Constitution and Article 8 of the European Convention on Human Rights.
Gas Meter Exception
In a partial victory for Haers, the court ruled he may still refuse a digital gas meter because Fluvius does not yet offer a wired alternative for gas meters. Following the Constitutional Court’s 2021 ruling, gas network users also have the right to choose a wired alternative, but since none exists yet for gas, the refusal is permitted. Haers was ordered to pay approximately 610 euros in installation and court costs.
A Pattern of Legal Wins for Fluvius
This ruling continues a consistent pattern. Fluvius has now won all 30 court cases against digital meter refusers since 2023, according to Solar Magazine. As of early June 2026, 411 Flemish residents had refused digital meter installation. Fluvius has sent 441 formal notices since 2023, with 59 refusers receiving court summons. In three cases, Fluvius installed meters with bailiff assistance.
Fluvius maintains that digital meters emit between 0.014 and 1.25 volts per meter on average, significantly below the legal standard of 8.9 volts per meter. The meters transmit data once per day, totaling about one percent radiation per day.
Broader Context and Implications
The case highlights tensions between EU-mandated energy policy and individual concerns about radiation and privacy. Notably, alternatives exist elsewhere: in Wallonia, residents can have the communication module of their digital meter deactivated for free, and in the Netherlands, consumers can choose a non-communicating digital meter. These options are not available in Flanders.
Organizations like the Vereniging ElektroHyperSensitiviteit Vlaanderen (VEHS) argue that the wired alternative still involves wireless radiation through the external antenna and does not truly satisfy the Constitutional Court’s requirements. VEHS has also criticized what it calls “leugens en halve waarheden” (lies and half-truths) in Fluvius’s communications about the court cases.
What’s Next
Haers’ lawyer has stated they will likely appeal, which could bring the case before a higher court. The development of a wired alternative for gas meters is still pending, meaning gas meter refusals may continue to be permitted. Meanwhile, Fluvius continues its rollout toward the 2029 target of universal digital meter coverage in Flanders, and the legal pressure on the remaining refusers is intensifying.