Cour de cassation, civile, Chambre civile 2, 28 janvier 2021, 19-25.853, Publié au bulletin
Case Outcome: | Cassation |
Appeal Number: | 22100088 |
Counsel: | SCP Gatineau, Fattaccini et Rebeyrol, SCP Marc Lévis |
Court: | Deuxième Chambre Civile (Cour de Cassation de France) |
Docket Number: | 19-25853 |
ECLI: | ECLI:FR:CCASS:2021:C200088 |
Presiding Judge: | M. Pireyre (président) |
CIV. 2
LM
COUR DE CASSATION
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Audience publique du 28 janvier 2021
Cassation
M. PIREYRE, président
Arrêt n° 88 F-P+I
Pourvoi n° U 19-25.853
R É P U B L I Q U E F R A N Ç A I S E
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AU NOM DU PEUPLE FRANÇAIS
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ARRÊT DE LA COUR DE CASSATION, DEUXIÈME CHAMBRE CIVILE, DU 28 JANVIER 2021
L'union de recouvrement des cotisations de sécurité sociale et d'allocations familiales (URSSAF) Centre Val de Loire, dont le siège est place du général de Gaulle, 45955 Orléans cedex 9, a formé le pourvoi n° U 19-25.853 contre le jugement rendu le 17 octobre 2019 par le tribunal de grande instance de Créteil (pôle social), dans le litige l'opposant à M. B... D..., domicilié [...] , défendeur à la cassation.
La demanderesse invoque, à l'appui de son pourvoi, le moyen unique de cassation annexé au présent arrêt.
Le dossier a été communiqué au procureur général.
Sur le rapport de Mme Le Fischer, conseiller référendaire, les observations de la SCP Gatineau, Fattaccini et Rebeyrol, avocat de l'URSSAF Centre Val de Loire, de la SCP Marc Lévis, avocat de M. D..., et l'avis de M. de Monteynard, avocat général, après débats en l'audience publique du 9 décembre 2020 où étaient présents M. Pireyre, président, Mme Le Fischer, conseiller référendaire rapporteur, M. Prétot, conseiller doyen, et Mme Tinchon, greffier de chambre,
la deuxième chambre civile de la Cour de cassation, composée des président et conseillers précités, après en avoir délibéré conformément à la loi, a rendu le présent arrêt.
Faits et procédure
1. Selon le jugement attaqué (tribunal de grande instance de Créteil, 17 octobre 2019), rendu en dernier ressort, l'URSSAF du Centre Val de Loire (l'URSSAF) a, le 15 décembre 2017, adressé à M. D... (le cotisant), un appel de la cotisation subsidiaire maladie due, pour l'année 2016, au titre de la protection universelle maladie (la PUMA).
2. Le cotisant a saisi d'un recours un tribunal de grande instance.
Examen du moyen
Sur le moyen, pris en sa seconde branche
Enoncé du moyen
3. L'URSSAF fait grief au jugement d'accueillir ce recours, alors « que l'article L. 380-2 du code de la sécurité sociale dispose que la cotisation est recouvrée l'année qui suit l'année considérée ; qu'en l'espèce, les dispositions du décret du 3 mai 2017 pris en application de l'article L. 380-2 du code de la sécurité sociale étaient nécessairement applicables à la date de l'appel de cotisation dont avait fait l'objet le cotisant en décembre 2017 au titre de la cotisation subsidiaire maladie due pour l'année 2016 ; que le cotisant avait donc, à cette date, connaissance des conditions intégrales d'application de la protection universelle maladie ; qu'en se plaçant en 2016 pour décider du contraire, le tribunal des affaires de sécurité sociale a violé les articles L. 380-2, R. 380-4 du code de la sécurité sociale...
Pour continuer la lecture
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