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Article R4234-8 of the French Public Health Code

The competent disciplinary chamber is that of the regional or central council in whose area of jurisdiction the pharmacist or professional company being prosecuted is registered on the roll on the date on which the acts complained of occurred. The same applies if the pharmacist or professional company being prosecuted is not entered on the roll but was at the date of the acts. When the complaint is directed against…

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Article R4234-9 of the French Public Health Code

Where two or more Disciplinary Boards of First Instance are simultaneously seised of separate but related applications that normally fall within their respective jurisdictions, each of the presidents concerned shall refer the matter to the president of the National Disciplinary Board and send him or her the application file. The presidents of the Disciplinary Divisions of first instance hearing the other claims shall be notified of the referral order and…

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Article R4234-10 of the French Public Health Code

When a Disciplinary Board receives a complaint or an application that it considers falls within the jurisdiction of another Disciplinary Board, its Chairman shall forward the file to that Board without delay, in a non-reasoned order that is not subject to appeal and does not have the force of res judicata. However, the Chairman shall be competent to reject complaints or applications that are manifestly inadmissible and cannot be remedied…

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Article R4234-11 of the French Public Health Code

The Disciplinary Chamber of first instance must give its decision within six months of the date of receipt by that Chamber of the complete file of the complaint or request. On expiry of this period, any party may ask the President of the National Disciplinary Chamber to refer the case to another Disciplinary Chamber. Such a request shall not have the effect of removing the case from the Disciplinary Board…

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Article R4234-12 of the French Public Health Code

The complaints referred to in article R. 4234-1 and requests shall be submitted by any means, including dematerialised means, giving a date certain of their receipt. They must, on pain of inadmissibility, be accompanied by a copy unless use has been made of a dematerialised means. When the parties attach documents in support of their complaints, applications or pleadings, unless their number, volume or characteristics prevent this, these documents must…

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Article R4234-13 of the French Public Health Code

Unless the provisions of article R. 4234-3 are applied, the complaint or application and the attached documents are 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 communication invites the parties to produce a statement of case and all relevant documents…

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Article R4234-14 of the French Public Health Code

The parties shall be informed that they may be represented or assisted by a lawyer. However, pharmacists, whether they are plaintiffs, claimants or the subject of the proceedings, may be assisted either by a lawyer or by a colleague entered on one of the Rolls of the Association, or by both. This colleague may not be a member of a Council of the Bar. The President of the National Council…

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Article R4234-15 of the French Public Health Code

The president of the central or regional council on whose register the pharmacist is entered at the date on which the disciplinary proceedings are commenced or, failing this, the council on whose register he was last entered, will receive the pleadings and documents produced by the parties. The President of this Council may submit observations in the number and within the time required in the communication. These are communicated to…

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Article R4234-16 of the French Public Health Code

Where the complaint or submissions are inadmissible on grounds that can be remedied in the course of the proceedings, the court may 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 the event of inadmissibility arising from…

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Article R4234-17 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 Board of…

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