French Public Health Code
In forceI.-In all proceedings, the chairman of the Disciplinary Board of First Instance and the chairman of the National Disciplinary Board may, by reasoned order, without prior inquiry:
1° take note of withdrawals;
2° reject complaints or applications that manifestly do not fall within the jurisdiction of the court;
3° declare that there is no need to rule on a complaint or application;
4° reject complaints or applications that are manifestly inadmissible, where the court is not required to invite the person making them to put them in order or where they have not been put in order by the end of the time limit set by a request to that effect;
5° To rule on cases in a series which, without calling for a new assessment or classification of the facts, present for judgment in law, for the court seised, questions identical to those which it has already ruled on together by the same decision which has become irrevocable, to those ruled on together by the same decision of the Conseil d'Etat ruling on the dispute and, for disciplinary panels of first instance, to those ruled on together by the same decision which has become irrevocable of the national disciplinary panel.
II.The President of the National Disciplinary Board may also, in accordance with the same procedures as those set out in I:
1° rule on applications that no longer involve matters other than the award of costs and expenses, the setting of dates for the execution of periods of prohibition from practising or the effective date of the definitive prohibition from practising pharmacy ;
2° Reject, after expiry of the time limit for appeal or, where an additional statement of case has been announced, after production of that statement of case, applications containing only manifestly unfounded pleas of external legality, inadmissible pleas, ineffective pleas or pleas that are accompanied only by facts that are manifestly insupportable or are manifestly not accompanied by details enabling their merits to be assessed.
III.The President of the National Disciplinary Board may also, by order, reject applications against orders made by the President of the Disciplinary Board of First Instance pursuant to 1° to 5° of I.
He may likewise, by order, set aside an order made pursuant to 1° to 5° of I, provided that he settles the case on the merits by applying one of the provisions of this article.
