Health & environment

31 October 2018 | Soulier Avocats

Generalization and liberalization of telemedicine in France

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 […]

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28 February 2018 | Soulier Avocats

What type of software is to be considered as a medical device according to the CJEU?

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 […]

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28 May 2015 | Soulier Avocats

Defective product liability: Where it is found that a medical device has a potential defect, it is possible to classify as defective all the products belonging to the same group or production series

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 […]

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1 November 2013 | Laure Marolleau

Launch of the public participation process

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, […]

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1 March 2013 | Laure Marolleau

To what extent can the liability of the owner of a polluted site be incurred?

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[1].  Several factors may explain such growth: the tightened environmental regulatory provisions applicable to industrials, the rising demand […]

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1 December 2012 | Jean-Luc Soulier

The dioxin case: a discreet epilogue

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.  As may be remembered, an association of people living near the incinerator, supported by […]

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