Power Cut in a Shopping Centre: Who Is Liable?

Picture the scene: you are the manager of a clothing boutique in L'Isle-sur-la-Sorgue, in the heart of the Vaucluse. One morning, your shutters remain down: no electricity. The power is cut in your entire shop, but also in the common areas of the shopping centre. You lose a day's turnover, not to mention perishable goods if you are in the food business. Who can you claim damages from? The syndicate of co-owners? EDF? Your own supply contract? A question every owner or tenant of a shopping centre has asked themselves at some point.

What few people know is that the answer depends on a technical detail: is the cable that failed located in a common area or on a private connection? And if you pay a share of the lighting costs for the common areas, does that make you a "user of the public service" of electricity? The French Supreme Court, in a judgment of 14 April 2010 (No. 09-11.973), ruled on this question with considerable practical implications.

In other words, if you are a tenant of a unit in a shopping arcade, this decision directly concerns you. It outlines the boundaries of liability in the event of electrical damage. But what exactly does this change? Let's delve into the details.

The Facts: A Story That Happens Every Day

We are in a shopping centre in the Avignon region. A company, which we will call "SAS Boutique", operates a clothing store. It is the tenant of a unit in the co-owned property. One day, an incident occurs: an electric cable, located inside the property, causes a power cut that damages the boutique's stock. The company suffers a loss (loss of goods, loss of earnings). It turns to ERDF (Electricité Réseau Distribution France, the network manager) for compensation. Its argument: ERDF is responsible for the public distribution network, and the faulty cable is part of it.

But ERDF resists. For it, this cable is not on the public network: it is a "private connection" serving the common and private areas of the shopping centre. In other words, this cable is internal to the co-owned property, and liability lies with the syndicate or the owner, not the network manager. The tenant company, for its part, argues that it is a "user of the public service" of electricity, because it benefits from the lighting of the common areas thanks to the contract entered into by the syndicate, and it pays a portion of the corresponding charges.

The Court of Appeal rules in favour of the tenant company. ERDF appeals to the Supreme Court. The Supreme Court must therefore decide: is a tenant who pays a share of the electricity charges for the common areas a user of the public electricity service?

The Reasoning of the Court — Analysed

To understand the decision, you first need to know that the public electricity service has the mission of ensuring the supply of electricity to all users. But a "user" is not only the holder of an individual supply contract. The Supreme Court recalls that the status of user can arise from the mere effective use of the service, even if the contract is entered into by a third party (here, the syndicate).

In this case, the tenant company benefited from electricity in two ways: first, through its own supply contract for its shop; second, through the contract entered into by the syndicate for the lighting of the common areas, for which it paid a portion of the charges (in the co-ownership charges). The incident occurred on a cable located in the common areas, i.e., on a structure that forms part of the internal distribution network of the shopping centre. The Court of Appeal, upheld by the Supreme Court, deduces that the company is indeed a "user of the public service" within the meaning of the Law of 15 June 1906 on energy distribution (now the Energy Code).

This reasoning is based on Article 1240 of the Civil Code (liability for fault). If ERDF is the network manager, it must ensure the continuity and quality of supply. But be careful: ERDF's liability is not automatic. The Supreme Court does not say that ERDF is liable in all cases. It simply says that the tenant company has the status of user, which opens up the possibility for it to take action against ERDF if the damage is due to a defect in the public network. In this case, since the cable was located in the common areas, it was a private connection, but that did not exclude the status of user.

In clear terms, the Supreme Court validates the reasoning of the Court of Appeal: the fact of paying charges for the lighting of common areas, combined with an individual supply contract, is enough to make a tenant a user of the public service. This does not mean that ERDF is always liable, but that the tenant can hold it accountable if the incident affects the service.

What This Changes for You — Practically

So, what should you remember if you are an owner, tenant, or syndicate of a shopping centre?

For the tenant: you are not just a customer of EDF. You are also a user of the public service as long as you benefit from the lighting of the common areas via the charges. If a power cut due to a cable located in the common areas causes you loss (e.g., loss of €2,500 worth of goods in a shop in Cavaillon), you can theoretically turn to ERDF. But be careful: you will need to prove that the incident is attributable to a defect in the public network, not to an internal problem with your private installation. undefined, I have come across cases where the tenant was better off taking action against the syndicate rather than ERDF, because the cable was poorly maintained by the co-ownership.

For the landlord owner: this decision does not relieve you of your obligations. If the incident originates from private areas (your unit), it is up to you to repair. But if the cable is in the common areas, the syndicate must act. Check that the co-ownership's insurance policy covers these risks.

For the syndicate: you manage the common areas. If an electric cable there is damaged, you are on the front line. This decision reminds us that tenants are users of the public service, which may encourage them to sue you directly. It is therefore crucial to maintain the installations in good condition and take out appropriate insurance.

Practically, if you are a tenant and you suffer electrical damage, do not limit yourself to your insurer. Gather evidence: location of the cable, supply contract, charge demands. And consult a lawyer to determine the most effective strategy.

Four Tips to Avoid This Type of Dispute

• Check the nature of the electrical connection to your unit: ask the syndicate or your landlord whether the supply cable is private or common. This determines who is liable in the event of a breakdown.
• Keep your charge demands and supply contracts: they prove that you pay for the lighting of common areas, which gives you the status of user of the public service.
• Take out business interruption insurance: in the event of a cut, you will be compensated quickly without waiting for legal action against ERDF or the syndicate.
• Report any incident to the syndicate and ERDF in writing: in the event of a dispute, these written records are essential to establish the timeline and liability.

Further Reading: Related Case Law and Developments

This decision is part of a consistent line of the Supreme Court that tends to broaden the concept of user of the public service. One can cite a judgment of 6 May 2003 (No. 01-03.736) where the Court had already held that a tenant could be a user of the water distribution service, even without a direct contract, if it benefited from the service via the common areas.

Since 2010, the trend has strengthened with the liberalisation of the energy market. Today, many tenants have their own electricity supplier, but the question of common areas remains unclear. This case law protects small traders against large network managers.

For the future, it is likely that the courts will continue to interpret the status of user broadly, particularly in shopping centres where the management of common areas is complex. To be continued.

Checklist Before Taking Action

FAQ:

1. What should I do if I am a tenant and the electricity is cut off in my shop?
First check whether the cut also affects the common areas. If so, notify the syndicate and ERDF. Take photos of the cable if possible. Check your business interruption insurance policy.

2. Can I sue ERDF directly?
Yes, if you prove that the incident is due to a defect in the public network (common cable). But be careful: if the problem comes from your private installation, it is up to you or your landlord to repair.

3. What are the time limits for taking action?
You have 5 years from the damage to bring a civil liability claim (Article 2224 of the Civil Code). But the longer you wait, the harder it will be to prove the facts.

4. What is the cost of legal action?
Lawyer's fees vary depending on complexity. A preliminary consultation (€45 with Maître Zakine) allows you to assess your chances. In the event of proceedings, expect between €1,500 and €5,000 depending on the stakes.

5. Is the syndicate liable if the cable is in the common areas?
Yes, the syndicate must ensure the maintenance of the common areas. If a lack of maintenance is proven, it may be ordered to compensate you.

Are you in a similar situation? An initial 30-minute consultation with Maître Zakine (€45) could save you months of proceedings — and often much more. Book an appointment →