Case 24735

C.E., n°24735
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A private care establishment that was denied its request for approval appealed the judgment on the grounds of abuse of power by the social and sanitary action inspector, who was deleted this task by the prefect.

The Court held that the prefect acted in accordance with his competency to approve and refuse such requests, and with his right to delegate this task to the social and sanitary action inspector.

The Court held that while there exists a right for the patient to choose his care establishment, this must be done in accordance with the other dispositions of the law. These dispositions state that care under medical assistance is provided by a hospital or specialised care centre near the municipalities, and the inspector ruled that the hospitals serving the municipality in question, Antony, offered sufficient services.

« […] en rejetant la demande de la société requérante par le motif que « les besoins sanitaires de la population d’Antony et des communes environnantes sont couverts par l’hôpital A. Béclère et l’hôpital Bicêtres, qui comportent un large éventail de disciplines », le préfet des Hauts-de-Seine s’est fondé sur un motif qui n’est pas entaché d’erreur de droit  […] »

“[…] by rejecting the request from the applicant company on the basis of the argument that “the sanitary needs of the population of Antony and of the neighbouring municipalities are covered by the A. Béclère and Bicêtres hospitals, which cover a large range of disciplines”, the Hauts-de-Seine prefect based his decision on a motive which is not vitiated by an error of law […]”

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