Article R4126-43 of the French Public Health Code
November 3, 2023
The rules of procedure set out in sections 3 to 6 shall apply before the National Disciplinary Chamber, subject to the following provisions.
The rules of procedure set out in sections 3 to 6 shall apply before the National Disciplinary Chamber, subject to the following provisions.
The time limit for appeal is thirty days from notification of the decision. Additional time limits for distance are added to the time limit provided for in the previous paragraph, in accordance with the provisions of articles 643 and 644 of the Code of Civil Procedure. Failure to mention the thirty-day time limit for appeal in the notification of the decision of the Disciplinary Chamber of First Instance shall result…
The appeal must be lodged with or sent by post to the registry of the National Disciplinary Chamber. As soon as the appeal request is received, the registry informs all the addressees of the contested decision that the appeal has been registered and that it has suspensive effect. It also notifies the Disciplinary Chamber of first instance, which forwards the case file to it within eight days. However, if, upon…
The decisions of the national disciplinary chamber and the orders of its president are notified to the persons and authorities who were notified of the decision at first instance and to the disciplinary chamber of first instance that took the decision referred to. If, on the date of notification, the practitioner being prosecuted is registered or in the process of being registered in another department, the decision is also notified…
The decision of the National Disciplinary Chamber or the order of the President of this Chamber made pursuant to article R. 4126-5 becomes final on the day on which the practitioner receives notification thereof. If the notification is returned to the clerk’s office marked “envelope notified and not collected” or “envelope refused and not collected”, it becomes final on the date of presentation of the envelope at the practitioner’s address….
The notification of the decision of the National Disciplinary Chamber or of the order of its President indicates that an appeal in cassation may be lodged with the Conseil d’Etat through the intermediary of a lawyer at the Conseil d’Etat and the Cour de cassation within two months of receipt of the said notification. The letter of notification indicates that the additional time limits for distance apply in accordance with…
Where the decision of the National Disciplinary Chamber is subject to opposition, the notification sent to the practitioner concerned shall state that the opposition may be lodged within a period of five days, under the conditions laid down in article L. 4126-4. Unless otherwise provided for in this sub-section, the lodging of an objection follows the rules relating to the lodging of an appeal. The provisions of sections 4 to…
The decision admitting the opposition shall, where appropriate, restore the parties to their previous position.
The judgements and orders of the disciplinary chambers of first instance are not subject to appeal.
The provisions of article R. 833-1 of the Code of Administrative Justice are applicable before the National Disciplinary Chamber.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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