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Case on administrative closure

Administrative notice of our client, a medical laboratory, by the Regional Health Agency of administrative closure. Referral for suspension and all necessary measures before the Administrative Court, with introduction of an appeal for annulment of the contested decision and introduction of a Question Prioritaire de Consitutionnalité before the Administrative Court concerning the health reform, questioning the legality of the provisions of the law resulting from the health reform.

The Administrative Court rejected the summary proceedings on the grounds that the ARS had only sent a purely informative letter, which in no way obliged the company to cease its activity, and therefore there was no emergency. Then, a few weeks later, our client received a new notification, this time very explicit, from the Regional Health Agency, putting him on notice to immediately cease his activity, as the company had several employees. Referral to the Council of State introduced by the Minister of Health against our client concerning this decision. Mr. SION had a solicitor take his case to the Council of State, and the Council of State ruled in favor of our client.

Then the Regional Health Agency resumed the procedure against our client by sending a new letter giving notice to the laboratory to stop its activity immediately, sent by registered letter with acknowledgement of receipt.

Interim suspension introduced in urgency, new interim measures, appeal for annulment against the decision taken by the administrative body. Annulment of the decision to close the laboratory administratively. Today, this laboratory has kept its activity and all its employees and continues to be in activity normally.

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