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Article R4126-8 of the French Public Health Code

The competent Disciplinary Chamber of first instance is the one within whose jurisdiction the practitioner or professional partnership being sued is entered on the roll at the date the matter is brought before the court. If the practitioner is not entered on the roll, but was at the date of the facts, the competent disciplinary chamber of first instance is the one within whose jurisdiction the practitioner being prosecuted was…

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Article R4126-8-1 of the French Public Health Code

When disciplinary chambers of first instance are simultaneously seised of separate but related applications, normally falling within their respective territorial jurisdiction, each of the presidents concerned shall refer the matter to the president of the national disciplinary chamber and send him the application file. The presidents of the disciplinary chambers of first instance hearing the other applications shall be notified of the referral order and shall send the file on…

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Article R4126-9 of the French Public Health Code

When a disciplinary chamber receives a complaint or application that it considers to fall within the jurisdiction of another disciplinary chamber, its chairman shall immediately forward the file to that chamber, in an order that is not reasoned, not subject to appeal and not res judicata. However, it has the power to reject complaints or applications that are manifestly inadmissible and cannot be remedied in the course of proceedings, or…

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Article R4126-10 of the French Public Health Code

The six-month period provided for in article L. 4124-1 runs from the date of receipt by the Disciplinary Chamber of first instance of the complete complaint file. On expiry of this period, any party may ask the President of the National Disciplinary Chamber to forward the file to another disciplinary chamber. Such a request shall not have the effect of removing the jurisdiction of the Disciplinary Chamber of first instance…

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Article R4126-11 of the French Public Health Code

Complaints and pleadings must, on pain of inadmissibility, be accompanied by copies in a number equal to that of the parties plus two. Where the parties attach documents in support of their claims and pleadings, except where their number, volume or characteristics make this impossible, such documents shall be accompanied by copies in a number equal to that of the parties plus two. The provisions of articles R. 411-4 and…

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Article R4126-12 of the French Public Health Code

Unless the provisions of article R. 4126-5 are applied, the complaint or application and the documents attached thereto shall be communicated in their entirety to the parties in copy form. Where the volume, number or characteristics of the documents produced make it impossible to produce copies, the parties are invited to consult them at the court registry. The notice invites the parties to produce a statement of case and all…

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Article R4126-13 of the French Public Health Code

The parties shall be informed that they may be represented or assisted by a lawyer. However, practitioners, whether they are plaintiffs, claimants or the subject of the proceedings, may be assisted either by a lawyer or by a colleague entered on the roll of the Association to which they belong, or by both. This colleague may not be a member of a Bar Council. The National Council or the Departmental…

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Article R4126-14 of the French Public Health Code

The departmental council on whose roll the practitioner is registered on the date on which the disciplinary proceedings are initiated or, failing this, the council on whose roll he was last registered, will be notified of the pleadings and documents produced by the parties. This council may submit observations in the number and within the time required in the communication. These are communicated to the other parties. If, in the…

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Article R4126-15 of the French Public Health Code

Where the complaint or submissions are inadmissible on grounds that may be remedied in the course of the proceedings, the court may not reject them by noting the inadmissibility of its own motion until it has invited the party submitting them to put them in order. However, the National Disciplinary Chamber may reject such submissions without first requesting them to be put in order in cases of inadmissibility arising from…

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Article R4126-16 of the French Public Health Code

Articles R. 611-2 to R. 611-5 of the Code of Administrative Justice relating to the communication of pleadings and exhibits, the first paragraph of article R. 611-7 relating to the grounds raised ex officio, article R. 611-8-1 relating to the summary pleading and articles R. 613-1, with the exception of its last sentence, to R. 613-4 relating to the closure of the investigation are applicable before the disciplinary chambers of…

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