JUDICIAL COMMENTARY

The long-awaited decree on the licensing of teleconsultation companies has finally been published!

The long-awaited decree on the licensing of teleconsultation companies was published in the French Official Journal on 1 March 2024: decree no. 2024-164 of 29 February 2024. The status for teleconsultation companies was created by the Social Security Financing Law (LFSS) for 2023. In order to bill procedures to the health insurance system, teleconsultation companies ...
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Delphine Jaafar 6 March 2024

GHTs acquire legal personality: A new administrative “millefeuille”?

Law no. 2023-1268 of 27 December 2023, aimed at improving access to care through the territorial commitment of professionals, introduced the possibility for GHTs to acquire legal personality. The regional hospital grouping (groupement hospitalier de territoire – “GHT”) was created by law no. 2016-41 of 26 January 2016. It was intended to be a, if ...
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Équipe santé 13 February 2024

MACRON SCALE: a long-awaited decision!

On 11 May 2022, the Social Chamber of the Court of Cassation, ruling in its plenary session, handed down a long-awaited decision for lawyers specialising in employment law. Indeed, the Court of Cassation has definitively validated the Macron scale contained in article L. 1235-3 of the French Labour Code (Soc., 11 May 2022, no. 21-14.490 ...
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Équipe social 12 May 2022

The ER2020: towards positive energy buildings

Provided for by the ELAN law of 2018, the Environmental Regulation 2020 (ER2020), applies, with a few years’ delay due to the health crisis, since 1 January 2022 and gradually. The ER2020 is the successor to the TR2012 (2012 thermal regulation). As its name suggests, the ambition is broader: while TR2012 aimed to limit the ...
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Équipe immobilier 7 February 2022

The ordinances of 12 May 2021: Closer, simpler, safer?

Certification of local hospitals / Restructuring of the territorial health professional communities (CPTS) / Relaxation of the status of multi-professional health centres / Restructuring of authorisation law / Development of secure digital health services In view of the ageing population, the need to treat chronic diseases and the demographic disparities in medical care, the current ...
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Équipe santé 14 June 2021

The general interest does not represent public service…!

In a decision of 30 December 2020, the First Chamber of the Council of State had the opportunity to confirm that although medical and educational actions in favour of disabled children constitute a mission of general interest, the private management organisations providing them are not, however, entrusted with a public service mission (EC, 1st Chamber, ...
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Équipe santé 11 February 2021

News in insurance law: exclusion of guarantee clause and third party action to an insurance contract

The exclusion of guarantee clause must be formal, precise and limited and shall not be subject to interpretation Court of Cassation, Second Civil Division, 26 November 2020 (Appeal no. 19-16.435) – Published An exclusion of guarantee clause, insofar as it does not refer to precise criteria and cases exhaustively enumerated, is not formal and limited ...
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Équipe banque & assurance 11 February 2021

Covid 19 and commercial rents

Suspension of sanction measures…. As of the first lock-down, a suspension with deferral of commercial rent payments was ordered, but only for the benefit of natural persons and legal entities under private law carrying out an economic activity likely to benefit from the solidarity fund (Article 4 of Order no. 2020-306 of 25 March 2020). ...
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Équipe immobilier 1 February 2021

Company Health Protocol: 29 January 2021 version

Replacing the health protocol of 6 January 2021, which itself replaced a number of versions developed since the beginning of the health crisis, the company health protocol of 29 January 2021 continues to adapt to the evolution of the epidemic and to organise life in companies in this particular context. The major developments in a few questions: ...
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Équipe social 1 February 2021

Jacques Séguéla was right about Doctor Knock!

Forbidden for more than seventy years by Article R. 4127-19 of the Public Health Code on the grounds that medicine should not be practised as a business, advertising and communication are now free. Several decrees, published on 24 December 2020, set out the new rules on professional communication for six health professions: doctors (Decree No. ...
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Équipe santé 18 January 2021