Cour de Cassation, Chambre sociale, du 5 février 1976, 75-10.161, Publié au bulletin
Presiding Judge | M. Hertzog CDFF |
Case Outcome | REJET |
Citation | Même espèce : Cour de Cassation (Chambre sociale ) 1976-02-05 (REJET) N. 75-10.162 DRSS PARIS AFFAIRE DAME X... C. CAISSE AUTONOME DES CHIRURGIENS-DENTISTES DE PARIS. ID. Cour de Cassation (Chambre sociale) 1973-12-13 Bulletin 1973 V N. 667 p. 614 (REJET) |
Docket Number | 75-10161 |
Date | 05 février 1976 |
Court | Chambre Sociale (Cour de Cassation de France) |
Publication au Gazette officiel | Bulletin des arrêts Cour de Cassation Chambre sociale N. 83 P. 68 |
QUE DAME X... A FORME UN RECOURS QU'ELLE A PORTE DEVANT LA COMMISSION DE PREMIERE INSTANCE DU CONTENTIEUX DE LA SECURITE SOCIALE DE PARIS ;
QUE CELLE-CI S'EST DECLAREE D'OFFICE INCOMPETENTE POUR EN CONNAITRE, EN ESTIMANT QU'IL ETAIT DIRIGE UNIQUEMENT CONTRE LA DECISION DE L'AUTORITE DE TUTELLE ;
QUE L'ARRET ATTAQUE A DECLARE IRRECEVABLE LE CONTREDIT FORME PAR LE DIRECTEUR REGIONAL ;
ATTENDU QU'IL EST FAIT GRIEF A LA COUR D'APPEL D'AVOIR AINSI STATUE ALORS QUE, EN RAISON DU CARACTERE INQUISITOIRE DE LA PROCEDURE PROPRE AU CONTENTIEUX DE LA SECURITE SOCIALE, IL LUI APPARTENAIT, EN PRESENCE DE LA CONTRADICTION EXISTANT, SELON LE POURVOI, ENTRE LES TERMES DU RECOURS ET LA DECLARATION FAITE A L'AUDIENCE PAR DAME X..., DE VERIFIER SI CETTE DERNIERE N'ENTENDAIT PAS CONTESTER, PLUTOT QUE LA MESURE D'ANNULATION ELLE-MEME, LA DECISION EXPLICITE OU IMPLICITE DE REFUS PRISE PAR LA CAISSE, APRES ANNULATION DE LE POURVOI FORME...
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