On September 3, 2025, the French pressure group Alerte Phonegate filed a legal complaint with the Administrative Court of Melun against the French State. The organisation accuses France of failing to alert the European Commission and Member States about dangerous mobile phones still circulating in Europe. Under European law, when the French National Frequency Agency (ANFR) detects that a mobile phone exceeds the legal radiation thresholds, it must notify these non-compliances in the ICSMS and RAPEX (Safety Gate) databases. These platforms are designed to inform both European authorities and consumers. According to Phonegate Alert, the reality is very different. In many cases, reports are published years late or not at all, meaning millions of Europeans remain unaware of potential risks.
Delays undermine consumer protection
According to Phonegate Alert, the average lifespan of a new smartphone is around two years. However, this is not correct. Recent survey suggests that in Europa first-time users of a new smartphone hold on to their device for over 3.5 years. The pressure group continues: “When an alert takes months or even years to reach the system, the information loses almost all value for consumers.” Also, this is besides the reality because in more and more cases smartphones are traded-in and giving a second life. Phonegate Alert argues that the French State’s failure to act undermines public health and leaves users exposed to dangerous levels of radiation from non-compliant devices.
Non-compliant models since 2016
Since 2016, ANFR has identified 58 non-compliant models, with the number rising to 60 at the time of the complaint. Some of these models were only reported after delays of up to eight years. The Apple iPhone 12, considered non-compliant by ANFR in 2021, has still not been entered into the European ICSMS system. No phone has ever been notified in the RAPEX system, even though it is dedicated to dangerous products.
Phonegate Alert warns of neglect
Phonegate Alert says it has repeatedly contacted ANFR and the French government since 2018 to demand urgent database updates. Its requests, both formal and public, were largely ignored. The association believes the French authorities prioritised protecting manufacturers and network continuity over consumer health. This inaction has now led the group to court.
The European Commission’s position
In 2023, Internal Market Commissioner Thierry Breton explicitly reminded Member States of their obligation to notify non-compliant phones without delay. Referring to Phonegate Alert’s campaign, he stressed that consumer health protection depends directly on the effectiveness of ICSMS and RAPEX notifications.
Clear obligations not respected
Jean-Paul Huard, secretary of Alerte Phonegate, stated: “We have been questioning the ANFR and the ministers for years. In vain. European citizens are deprived of information that should be accessible to them immediately.” Lisa Arazi, the association’s lawyer, added: “The RED Directive and its transposition into French law are unequivocal. Failure to notify is a violation of France’s European obligations.”
To be continued.
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