2023-12-23 08:57:37
This is a first victory for the tenants of Air Bel, in the civil action which pits them once morest their social landlords. Unicil, Erilia and Logirem as well as one of their service providers will have to jointly compensate some 300 families in this city in the 11th arrondissement whose water network had been contaminated by legionella, and who were seeking compensation. The bacteria had made a resident seriously ill in 2011 (since cured) and is suspected of having killed another in 2017, generating great anxiety among residents.
In a document sent yesterday to the parties’ lawyers, the judges of the Marseille judicial court summarized the broad outlines and motivations of their judgment, the final version of which is expected in the coming weeks. The latter therefore recognizes the responsibility of the three social landlords, as well as that of one of their service providers, Engie Énergie Services (which was in charge of producing hot water for the residence and had to maintain a certain temperature to prevent bacteria to proliferate), in the unrest suffered by the residents of Air Bel.
They will have to, continues the court’s reasoning, compensate most of the tenants for their “disturbance of enjoyment” (the impossibility of living peacefully in their accommodation), covering part of their rent over this period. On the other hand, the judges rejected most of the requests for compensation for moral damage, considering that the tenants might not justify it. Most, at the time, had not consulted a psychologist or psychiatrist for support and were therefore unable to produce medical certificates.
The civil action by Air Bel tenants, whose hearing was held on September 1, focused on 12 “pilot” files out of the 273 assignments in the case. The court’s decision should, in principle, serve as a model for negotiating compensation for the remaining cases. If the liability of the lessors and their service provider has been confirmed, the amounts of the compensation are not yet known.
Yesterday, Erilia, Unicil and Logirem took note of the judgment and declared: “It is a complex matter which deserves calm analysis. We will have one month from the notification of these decisions to decide what action to take. One thing is certain, it is that the desire of landlords is to act in the interest of residents and to be able to renew a constructive dialogue with them.“They might decide to appeal the judgment, just like Engie energy services.
Gathered yesterday morning at the entrance to the Air Bel housing estate around their lawyer, Ms. Soraya Slimani, a few dozen tenants greeted “a victory” of “David versus Goliath“. “It is the day of recognition of the suffering of more than 300 families“, declared the lawyer, surrounded in particular by Rania Aougaci and Djamila Haouache, tireless kingpins of this fight.
The latter did not hide her emotion: the court decision fell on the eve of the birthday of her brother, Djamel Haouache. It was the latter, tenant of Air Bel and father of two children, who died on September 4, 2017 from a Legionnaires’ disease infection. At this time, the link between the death of this 46-year-old man and his place of residence has not been established; a criminal investigation has been opened into this matter.
But the belief that he had been infected by the residence’s water system fueled his sister’s commitment. “When the fight is fair and legitimate, we must not give up,” said Rania Aougaci, mediator and coordinator of the Air Bel Tenants Association, to applause.
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