A threat of administrative closure by the Regional Health Agency
In this case, our client, a medical biology laboratory, received a formal notice from the Regional Health Agency (ARS) announcing a potential administrative closure of its establishment.
This decision represented a major risk for the company, which employed several staff members and whose activity could have been interrupted immediately.
Faced with this situation, Cabinet Sion Avocat was instructed to organise the defence of the laboratory and challenge the legality of the measure contemplated by the administration.
An initial legal strategy before the administrative court
As a first step, several legal actions were initiated before the administrative court in order to challenge the administrative decision.
A summary suspension procedure (référé-suspension) as well as a “référé mesures utiles” were filed to seek the suspension of the effects of the contested decision.
At the same time, a full action for annulment of the administrative decision was brought before the court. A Priority Question of Constitutionality (QPC) was also raised before the administrative court in order to challenge the legality of certain provisions arising from the health reform on which the administration relied.
However, the administrative court rejected the summary proceedings on the grounds that the letter sent by the ARS was merely informative and did not require the company to cease its activity. As a result, the court considered that the condition of urgency was not met.
A new formal notice requiring the immediate cessation of activity
Several weeks later, the situation evolved when our client received a new notification from the ARS, this time much more explicit.
The administration formally ordered the laboratory to immediately cease its activity.
This decision directly threatened the continuity of the business as well as the employment of its staff.
Proceedings before the Council of State
In this context, a new phase of litigation began before the Council of State, following summary proceedings initiated by the Minister of Health concerning this decision.
Maître Sion organised the defence of the laboratory before the highest administrative court, filing submissions through a lawyer authorised to plead before the Council of State.
At the conclusion of these proceedings, the Council of State issued a decision in favour of our client.
The annulment of the administrative closure decision
Despite this decision, the ARS resumed the procedure by sending a new formal notice, delivered by registered letter with acknowledgement of receipt, again requiring the laboratory to immediately cease its activity.
In response to this new attempt at administrative closure, several legal actions were initiated:
an urgent summary suspension procedure,
a new “référé mesures utiles”
an action for annulment against the administrative decision.
At the end of these proceedings, the administrative closure decision against the laboratory was annulled.
Today, the laboratory has been able to maintain its activity, retain all of its employees, and continue operating normally.
