Strategic Lawering Paris Lyon Bruxelles

Health & Environment

Published at 31 October 2018
E-newsletter: October 2018
The year 2018 marks a significant shift in the deployment of telemedicine in France. Teleconsultations are henceforth reimbursed by the French Health Insurance Fund, just like “standard” consultations. This practice has also been liberalized through the repeal of the obligation to enter into contracts with regional health agencies and agreements between operators that carry out a telemedicine activity.
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Published at 28 February 2018
E-newsletter: February 2018
In a judgment dated December 7, 2017, the Court of Justice of the European Union (CJEU) recalled the criteria to be applied to determine whether software constitutes a medical device. According to the findings of the CJEU, software that permits the use of data specific to a patient in particular to detect contraindications, drug interactions and excessive dosages constitutes a medical device, even though it does not act directly in or on the human body.
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Published at 28 May 2015
E-newsletter: May 2015
Directive of July 25, 1985 on liability for defective products (the “Directive”) has introduced a strict liability regime under which producers/manufacturers are liable for damage caused by the defectiveness of their products. To enforce this strict liability regime, the aggrieved person is required to prove the defect, the damage and the causal relationship between the defect and the damage. In a decision issued on March 5, 2015 in relation to a case concerning medical devices, the Court of Justice of the European Union (the “CJEU”) ruled on the interpretation of the notions of defective products and reparable damage within the meaning of the Directive. The CJEU has notably held that where it is found that products belonging to the same group or forming part of the same production series have a potential defect, it is possible to classify as defective all the products in that group or series, without there being any need to show that the product in question is defective.
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Published at 01 November 2013
Author :
E-newsletter: November 2013
Order of August 5, 2013 (the “Order”) on the implementation of the public participation process defined in Article 7 of the Charter for the Environment, adopted in application of the Law of September 27, 2012 (the “Law”) and that entered into forced on September 1, 2013, imposes on public authorities the obligation to consult the public before making any decision likely to have an impact on the environment.
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Published at 01 November 2013
Author :
E-newsletter: November 2013
The public is now better informed than ever before. And the public has never been so much worried with respect to environment-related matters. In this context, how should we understand the process of public participation in decisions affecting the environment that had been extended and regulated by the Law n° 2012-1460 of December 27, 2012, and then completed by the Order n° 2013-714 of August 5, 2013?
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Published at 01 March 2013
Author : Laure Marolleau
E-newsletter: March 2013
The soil remediation market has experienced a significant growth over the past few years. The expenses incurred by the remediation of polluted sites and soils have reached 690 million Euros in 2010, and continue to grow every year.
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Published at 01 December 2012
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E-newsletter: December 2012
The highly publicized case concerning the incinerator of Gilly-sur-Isère, better known as the “dioxin case”, has finally reached its epilogue, more than ten years after the launch of the judicial investigation ordered by the Public Prosecutor of the Albertville Criminal Court.
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Published at 01 August 2012
Author :
E-newsletter: August 2012
The so-called Médiator® case has fostered in France an unprecedented climate of suspicion towards the healthcare system and significantly tarnished the image of the medicinal product industry and healthcare companies in general.
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Published at 01 August 2012
Author :
E-newsletter: August 2012
When a classified facility (“CF”) is definitively shut down, it is primarily up to the operator, i.e. the entity that controls and manages the activity and the site on an everyday basis, to comply with all applicable provisions related to site rehabilitation.
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Published at 01 July 2012
Author :
E-newsletter: July 2012
In a decision dated May 30, 2012, the Cour de Cassation (French Supreme Court) wrote the final chapter of the long legal and media saga in which the world leading chemical and agrochemical company has been accused of being at the origin of the abnormally high death rate observed among the bee population in France, following vehement complaints by bee-keepers. This decision upholds the judgment rendered on September 2, 2010 by the Toulouse Court of Appeals that exonerated Régent TS, a seed-coating product manufactured by BASF Agro.
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