Stop no
of 07/05/2008
Case No: 07/00066
CR/GP
AUTONOMOUS RETIREMENT FUND FOR FRENCH DOCTORS – CARMF
C/
Béatrice X …, Interprofessional Caisse de Prévoyance et d’Assurance Vieillesse (CIPAV)
enforceable form on:
to: COURT OF APPEAL OF REIMS
SOCIAL ROOM
JUDGMENT OF 07 MAY 2008
CALLING:
of a judgment rendered on December 19, 2006 by the Aube Social Security Court
AUTONOMOUS RETIREMENT FUND FOR FRENCH DOCTORS – CARMF
…
75841 PARIS CEDEX 17
Represented by Mr PEYRE, head of the contributors division and of the legal service according to the authority on file dated February 1, 2008
RESPONDENTS:
Madame Béatrice X …
…
10000 TROYES
Represented by Maître Thierry BRISSART, Lawyer at the REIMS bar
Interprofessional Fund for Provident and Old Age Insurance (CIPAV)
…
75403 PARIS CEDEX 08
Not appearing, nor represented,
COMPOSITION OF THE COURT during deliberation:
Madame Christine ROBERT, President
Mr. Bertrand SCHEIBLING, Adviser
Madame Claire CHAUX, Advisor
CLERK during the debates:
Madame Geneviève Y …, sworn principal administrative assistant acting as clerk
DEBATES:
At the public hearing of February 4, 2008, where the case was deliberated on March 19, 2008, then extended to April 2, 2008, April 30, 2008 and May 7, 2008, without opposition from the counsel for the parties and in application of the provisions of articles 939 and 945-1 of the code of civil procedure, Mrs Christine ROBERT, rapporteur advisor, heard Mr PEYRE and the respondent’s lawyer in their explanations, then this magistrate reported to the court in its deliberate.
STOP:
Pronounced publicly by making the judgment available to the Registry of the Court, the parties having been notified beforehand under the conditions provided for in the second paragraph of article 450 of the Code of Civil Procedure and signed by Mrs. Christine ROBERT, President, and by Madame Geneviève Y …, sworn principal administrative assistant acting as clerk, to which the minute of the decision was handed over by the signatory magistrate.
* * * * *
By declaration recorded on February 17, 2006, Béatrice X … seized the Court of Social Security Affairs of Aube of an appeal against the decision of the amicable appeal committee of the autonomous pension fund of French doctors (CARMF) who refused, by its decision of 23 December 2005, to grant its request to cancel the contributions claimed retroactively for the years 2002 and 2003
.
By judgment of December 19, 2006, the Court of Social Security Affairs of Aube annulled the decision of automatic affiliation of Béatrice X … to the CARMF as of July 1, 2002, ordered the latter to pay to Beatrice X … 3.560 ?? for contributions received in excess of 1,000 ?? on the basis of the provisions of article 700 of the new code of civil procedure and declared the joint decision to the Caisse Interprofessionnelle de Prévoyance et d’Assurance Vieillesse (CIPAV).
By registered letter with acknowledgment of receipt of January 10, 2007, CARMF appealed against this decision.
Considering the conclusions filed and taken orally at the hearing of February 4, 2008 at which the case was retained by which the CARMF, now that Béatrice X … fulfilled the legal conditions to fall under its affiliation scheme, asks the court to reverse the decision that it criticizes, to state well founded the reaffiliation of Béatrice X … to the CARMF as from July 1, 2002 and to condemn Béatrice X … to pay him, under the year 2002 the main sum of 6.064,00 ?? over 2,240.21 ?? in respect of the surcharges for delay decided on October 31, 2007, and in respect of 2003, the principal sum of 2,309.00 ?? over 669.78 ?? in respect of the late payment increases agreed to on October 31, 2007, as well as the payment of late payment increases due after that date until payment of the principal.
Considering the conclusions filed and developed at the bar by which Béatrice X … requests confirmation of the decision referred, asking in the alternative, if the argument developed by the CARMF was upheld, that the remission of the increases be pronounced delay.
The CIPAV was absent and not represented at the hearing, had sent observations to the court by mail.
SO,
It emerges from the elements poured into the debates, not contested by the parties that Béatrice X … worked as a general practitioner, affiliated to the CARMF from January 1, 1980 to July 1, 2001.
By letter of July 13, 2001, Béatrice X … asked to be struck off the CARMF. This declaration coincided with the cessation of his activity, the transfer of his medical practice and the related clients, for which it is justified by the certificate of his successor, for the date to be set at July 7, 2007 and by the certificates of CPAM and URSAFF confirming the date of cessation of its activity on July 1, 2001.
From that date, it is common ground that Béatrice X …, regardless of the doctor’s diploma she had and the maintenance of her registration with the Council of the Order of Physicians no longer exercised this activity on a liberal basis, but occasionally as part of a salaried activity.
As of October 1, 2001, she registered with URSAFF in Aube as a self-employed person as a psychoanalyst.
By the documents that she pours into the debates, Béatrice X … justifies, as she maintains, that this liberal professional activity is completely independent of the quality of doctor.
It is true, as the CARMF maintains, without dispute on the part of Béatrice X …, that in application of the provisions of article L 642-1- of the Social Security Code, the latter is required to settle contributions to the autonomous organization of old-age insurance for liberal professions, comprising a national fund divided into eleven professional sections.
However, the maintenance of the registration with the council of the order of the doctors is insufficient to establish that Béatrice X … continued to practice, as a liberal doctor after October 1, 2001.
On the contrary, it emerges from the certificates established by the President of the council of the order of doctors of the Aube that Béatrice X … has maintained her registration with the order of doctors, for a contribution at mid-price in 2002, owed by doctors without medical activity, and that no replacement contract has been registered since July 2001.
Although fulfilling the legal conditions to practice as a doctor in a liberal capacity, Béatrice X … did not practice as such after July 1, 2001.
Therefore, although she subsequently exercised another liberal professional activity, independent of her initial qualification, Béatrice X … no longer came under the regime of subjection to the payment of social contributions managed by the CARMF, but fell, in accordance with the table paid to the debates, of the regime managed by the CIPAV, especially as the CARMF does not report the proof that Béatrice X …, in her capacity as psychoanalyst has issued prescriptions or made therapeutic diagnoses.
It is therefore necessary to annul the decision of the amicable appeal commission of the CARMF in that it refused to cancel the contributions retroactively claimed for the 2002 and 2003 financial years.
By the documents that she pays in the debates, Béatrice X … justifies having paid the CARMF the sum of 3,560 ?? the reimbursement of which should be ordered.
It would be unfair to leave the responsibility of Beatrice X … all of the irrecoverable costs that she may have incurred at appeal level. The CARMF will therefore be condemned to pay him 1,000 ?? on the basis of the provisions of article 700 of the code of civil procedure, in addition to the sums fixed at first instance.
Finally, the first instance decision should be confirmed in that it declared the joint decision to the CIPAV.
FOR THESE REASONS
THE COURTYARD
Ruling publicly and by decree deemed contradictory
Declares admissible the appeal
Confirms, by substitution of reasons, the decision rendered by the Aube Social Security Court on December 19, 2006
ADDING Y
Condemns the CARMF to pay Béatrice X … an indemnity of 1,000 ?? in application of the provisions of article 700 of the code of civil procedure, for the costs incurred at the level of appeal.
THE REGISTRAR, THE PRESIDENT,.
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