Article R4234-40 of the French Public Health Code
November 3, 2023
The rules of procedure set out in sections 2 to 5 shall apply before the National Disciplinary Board, subject to the following provisions.
The rules of procedure set out in sections 2 to 5 shall apply before the National Disciplinary Board, 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 Board of First Instance shall result…
The appeal may be lodged or sent by any means, including by electronic means, that gives a certain date to its receipt at the registry of the National Disciplinary Board. Upon receipt of the appeal request, the registry shall notify all the addressees of the contested decision that the appeal has been registered and that it has suspensive effect. It shall also notify the Disciplinary Board of First Instance, which…
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 which took the decision referred to. If, on the date of notification, the pharmacist being prosecuted is registered or in the process of being registered with another central or regional council, the decision…
The decision of the national disciplinary chamber or the order of the president of that chamber made pursuant to article R. 4234-3 becomes final on the day on which the pharmacist receives notification thereof. If the notification is returned to the registry with the words “envelope notified and not collected” or “envelope notified and not collected”, it becomes final on the date of presentation of the envelope at the pharmacist’s…
The notification of the decision of the National Disciplinary Board or of the order of its chairman indicates that an appeal in cassation may be lodged with the Conseil d’Etat through a lawyer at the Conseil d’Etat and at the Cour de cassation within two months of receipt of this notification. The letter of notification shall state that the additional time limits for distance apply in accordance with the provisions…
I.-A pharmacist who is the subject of a complaint before the national disciplinary chamber and who has not lodged a defence in due form shall be entitled to lodge an objection to the decision rendered by default. The objection shall have suspensory effect. II.-When the decision of the national disciplinary chamber is subject to opposition, the notification sent to the accused pharmacist will state that the opposition may be lodged…
The provisions of article R. 833-1 of the Code of Administrative Justice are applicable before the National Disciplinary Board.
I.-The review of a final decision of the Disciplinary Chamber of First Instance or the National Disciplinary Chamber imposing a temporary ban, with or without a suspended sentence, or a permanent ban on practising may be requested by the pharmacist who is the subject of the sanction: 1° If he or she was convicted on the basis of false evidence or the written or oral testimony of a person subsequently…
If no response is received for more than four months to an application for an extension of a decision to remove a pharmacist from the register or to prohibit him from practising pharmacy, as provided for in article L. 4234-9, this shall be deemed to constitute a decision to reject the application.
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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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