Cour de Cassation, Chambre sociale, du 13 décembre 1979, 77-15.818, Publié au bulletin
Presiding Judge | Pdt M. Laroque |
Case Outcome | REJET |
Citation | ID. Cour de Cassation (Chambre sociale ) 1978-06-21 Bulletin 1978 V N. 502 p.378 (REJET)<br/> |
Counsel | M. Rouvière |
Docket Number | 77-15818 |
Date | 13 décembre 1979 |
Court | Chambre Sociale (Cour de Cassation de France) |
Publication au Gazette officiel | Bulletin des arrêts Cour de Cassation Chambre sociale N. 1003 |
ATTENDU QUE LA CAISSE D'ALLOCATIONS FAMILIALES DU NORD-FINISTERE FAIT GRIEF A LA DECISION ATTAQUEE DE L'AVOIR CONDAMNEE A VERSER A TROMEUR LA DEUXIEME FRACTION DES ALLOCATIONS POSTNATALES POUR SON ENFANT NE LE 16 MAI 1975, AU MOTIF QUE, SI L'ATTESTATION DE L'EXAMEN DE SANTE DU NEUVIEME MOIS N'ETAIT PAS PARVENUE A LA CAISSE, L'EXAMEN LUI-MEME AVAIT ETE SUBI DANS LE DELAI REGLEMENTAIRE, ALORS QUE L'UNE DES CONDITIONS LEGALES N'ETAIT PAS REMPLIE, A SAVOIR L'ENVOI D'UN JUSTIFICATIF A LA CAISSE DANS LE DELAI PREVU PAR LES TEXTES, QUE LE SEUL FAIT QUE, SELON UN CERTIFICAT MEDICAL POSTERIEUR DE QUATORZE MOIS A L'EXAMEN, CELUI-CI AIT ETE SUBI, SANS INDICATION DE DATE, NE POUVAIT OUVRIR DROIT A L'ALLOCATION LITIGIEUSE; MAIS ATTENDU QUE LA COMMISSION DE PREMIERE INSTANCE A RELEVE QUE, SI LA CAISSE SOUTENAIT N'AVOIR PAS RECU L'ATTESTATION D'EXAMEN ADRESSEE PAR LE MEDECIN TRAITANT ET SI TROMEUR ALLEGUAIT QU'ELLE AVAIT DU S'EGARER EN COURS DE TRANSMISSION, LECERTIFICAT MEDICAL PRODUIT A L'AUDIENCE...
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