Subsection 5: Review proceedings

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Article R4234-48

French Public Health CodeIn force

Updated 3 Nov 2023

I.-The review of a final decision of the Disciplinary Chamber of First Instance or the National Disciplinary Chamber imposing a temporary ban, with or without a suspended sentence, or a permanent ban on practising may be requested by the pharmacist who is the subject of the sanction:

1° If he or she was convicted on the basis of false evidence or the written or oral testimony of a person subsequently prosecuted and convicted for giving false testimony against the practitioner;

2° If he or she was convicted for failing to produce a decisive piece of evidence that was retained by the opposing party;

3° If, after the decision has been handed down, a fact occurs or comes to light or when evidence, unknown at the time of the proceedings, is produced that is likely to establish the pharmacist's innocence.

II.The appeal must be lodged with the Chamber that handed down the decision whose review is requested within two months of the day on which the pharmacist became aware of the grounds for review that he is invoking, in the same form as that in which the initial application had to be lodged.

This appeal does not have suspensive effect.

Where the application for review is admissible, the Chamber shall declare the contested decision null and void and shall rule again on the initial application.

The provisions of sections 3, 4, 5 and 6 of this chapter shall apply.

Decisions on applications for review may not be appealed.

They may be appealed to the Conseil d'Etat.

Once a first appeal for review has been decided, a second appeal against the same decision is not admissible.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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