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CMS Bureau Francis Lefebvre/ Decision of the State Council (French Conseil d'Etat)/ Protection of social rights

19/05/2008

The Conseil d'Etat proves APLUS right for its fight for the conservation of patients' rights and freedoms and their chemists.


Referred to by APLUS [Action Pharmaceutique Libérale d'Union Syndicale - Pharmaceutical Professional Union] within the scope of an action at law against the ministerial order of 11 July 2006 approving the National Agreement organising relations between chemists which are holders of a pharmacy and Health Insurance, the Conseil d'Etat declares void all provisions criticized in contradiction with the principles of the free choice of chemist by patients, of equality of the insured persons' rights and more generally of the right of free enterprise.

Are so declared void:

  • The conditioning of refund of sickness benefits by Health Insurance to the chemist's state health scheme (Section § 1 of the National Agreement).
  • Recruitment requirement of a new chemist holder replacing one for every chemist that Health Insurance would have unilaterally sanctioned by deprivation of National Agreement" (Sections 66 al 5 and 67 of the Agreement).
  • Suspension of remission of expenses advances of refunded drugs pronounced by Health Insurance as sanction of the chemist (Section 66 § 6).

Are likewise restored:

  • The free choice of the chemist by the insured person
  • The fact of giving an entire responsibility to the chemist for one's pharmacy management.
  • The necessary balance of powers between Health Insurance and Professional Insurance.

APLUS (Action Pharmaceutique Libérale d'Union Syndicale) was defended by Odile Ménage, CMS Bureau Francis Lefebvre Lawyer.


For further information, please contact :
CMS Bureau Francis Lefebvre
Florence Jouffroy / Tel: +33 1 47 38 40 32
Laetitia Mostowski / Tel: +33 1 47 38 40 74