Article updated on 12 September 2019 following the public hearing before the Council of State.
Attached is the report of attorney Laurent Goldman who represents Dr. Arazi.
At this morning’s hearing, the public rapporteur, as announced, concluded that the appeal was inadmissible.
First, it noted that article L. 124-1 of the Environmental Code referred to access to “information” relating to the environment, and not to “documents”. It therefore concludes that the communication of the original reports is not required by this text.
On the completeness of the data posted by ANFR, the public rapporteur hid behind the court’s assessment that the content of the reports had not been modified. It considered that this assessment was sovereign, i.e. it was beyond the control of the Court of Cassation.
Finally, the public rapporteur considered that it was also sovereign that the court decided whether or not to order the production of the original reports for comparison with the data published online.
We are preparing a post-hearing submission to argue the public rapporteur’s positions. The decision of the Council of State should be rendered within 3 weeks and we will then know whether or not our appeal will be considered.
By a judgment handed down on December 28, 2018, the French Administrative Court denied Dr Marc Arazi access to the original and full mobile phone test reports produced by the National Frequency Agency (ANFR) in 2015. In view of the importance of both industrial and public health issues, Dr Arazi brought an appeal in cassation before the Council of State against the court’s decision.
However, by a letter dated September 3, 2019 from the Conseil d’État, we learned that the case would be dealt with in public hearing on Thursday 12 September 2019 at 9.30 am* for an appeal procedure in cassation.
For the attorney Laurent Goldman, who represents Dr. Arazi, this is not good news.
“The orientation of the case towards an admission hearing is disappointing. We are dealing with a public health issue that affects almost the entire population. She has the right to complete and objective information.“
Our association, which supports the private action of its President, then alerting the public, asks all those concerned about transparency and especially in such a sensitive matter, to come and support him when the public rapporteur’s conclusions are stated.
For Joël Ferbus, Secretary of the association:
“We cannot imagine that in France, the highest administrative authority would decide to keep original test reports on mobile phone controls secret. This would be terrible news for the Phonegate scandal and other health and environmental scandals.”
* Plan to come in advance at 8:30 am for security measures with an ID at 1 Place du Palais Royal Paris 1st