The French Council of State validated the collective branch insurance and obliged French pharmacists to pay their social contributions to a specific health insurance fund

Conseil d’État, 1ère sous-section jugeant seule, 20/03/2015, 366345, Inédit au recueil Lebon

The present case concerns the complementary health insurance scheme in France and, in particular, the right to choose a health fund.

A Branch Agreement and a Ministerial decree created a mandatory supplementary health insurance for persons working in on-duty pharmacies obliging them to adhere to a specific health insurance body. Consequently, chemists had to pay their social contributions to the designed insurance body, without having the right to choose another public or private health fund.

Two companies specialised in the insurance sector challenged the new health insurance scheme before the Supreme Court (Conseil d’État).

Firstly, the Supreme Court (Conseil d’État) complied with the Constitutional court (Conseil constitution) and held that the litigated health scheme was unconstitutional. However, restricting their findings of unconstitutionality, the supreme judges decided that the two applicants may not invoke the unconstitutionality.

Concerning the general compatibility of the litigated health insurance scheme with the EU law, the Supreme Court (Conseil d’État) has to wait for the ruling of the EU Court of Justice, which was seised for a preliminary ruling in the case ”Société Beaudout Père et Fils” in order to examine the litigated health insurance scheme concerning people working in the bakery industry.

Secondly, concerning the EU competition rules, the Supreme Court (Conseil d’État) held that the designation of a unique health insurance organisation would not automatically create a dominant position.

However, as it concerns the pretended violation of the public procurement rules the Supreme Court (Conseil d’État) decided to stay proceedings and to wait for the ruling of the Supreme Court (Cour de cassation) which should judge whether the syndics should had organised a call for competition addressed to all the economic operators (case ”Selarl Legrand / Baba-Pom”).

The full text is available on EuroCases

2 thoughts on “The French Council of State validated the collective branch insurance and obliged French pharmacists to pay their social contributions to a specific health insurance fund

  1. Andreas Tamasios

    the Constitutional court (Conseil constitution) and held that the litigated health scheme was unconstitutional.

    Is it possible to have the judgement of the court declaring this scheme unconstitutional?

  2. Blogeditor

    Hi,
    To see all mentioned documents (legislation and case-law), including the requested decision 2013-672 DC of the French Constitutional court, you may click on the EuroCases link, situated right after the post. In the Section ’’Bibliografic Notice’’ you will find the national core provisions, national case-law and the entire case proceedings.

    You may find the ruling of the Constitutional court here:
    Décision 2013-672 DC – 13 juin 2013 – Loi relative à la sécurisation de l’emploi – non-conformité partielle
    Link
    Best regards

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