Décision judiciaire de Tribunaux Administratif, 1 février 1990 (cas Tribunal administratif de Bordeaux, du 1 février 1990)
Date de Résolution: | 1 février 1990 |
Juridiction: | Tribunal administratif de Bordeaux |
Nature : | Texte |
I - Vu, enregistrée au greffe du tribunal administratif le 14 juin 1989 sous le n° 1062/89, la requête présentée pour M. X... demeurant ..., tendant à ce que le Tribunal :
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- enjoigne à la Caisse de Mutualité Sociale Agricole de la Gironde, la Caisse Primaire d'Assurance Maladie de la Gironde, la Caisse Maladie Régionale d'Aquitaine, de lui communiquer la décision par laquelle son déconventionnement a été prononcé pour une durée d'un mois et ce, sous astreinte de 1.000 F par jour de retard à compter du dépôt du présent mémoire ;
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- annule pour excès de pouvoir ladite décision, notifiée par lettre du 31 mai 1989 ;
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- condamne les organismes précités à lui verser la somme de 100.000 F à titre de dommages-intérêts ;
II - Vu, enregistrée le 14 juin 1989 sous le n° 1063/89, la requête présentée pour M. X... et tendant à ce qu'il soit sursis à l'exécution de la décision du 31 mai 1989 susvisée ;
Vu les autres pièces du dossier ;
Vu le Code de la Sécurité sociale ;
Vu la loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés ;
Vu l'arrêté interministériel du 4 juillet 1985 approuvant la convention nationale conclue entre les organismes de sécurité sociale et les organisations les plus représentatives de médecins ;
Vu le Code des tribunaux administratifs et des cours administratives d'appel ;
Après avoir entendu à l'audience publique du 18 janvier 1990, les parties ayant été dûment convoquées :
Mme Topol, Conseiller, en son rapport,
Mme Sellier, Commissaire du Gouvernement, en ses conclusions,
Sur la jonction :
Considérant que les requêtes n° 1062/89 et 1063/89 tendent l'une, à l'annulation, l'autre à ce qu'il soit sursis à l'exécution de la décision attaquée ; qu'elles présentent à juger les mêmes questions ; qu'il y a lieu de les joindre pour qu'il y soit statué par une seule décision ;
Sur la demande de communication de la décision prise par les organismes de sécurité sociale tendant à mettre M. X... hors convention pour une durée d'un mois :
Considérant que, par lettre en date du 30 mai 1989, la Caisse Primaire d'Assurance Maladie de la Gironde, la Caisse de la Mutualité Sociale Agricole de la Gironde et la Caisse Maladie Régionale d'Aquitaine ont signifié au docteur X... qu'en application de l'article 30 de la convention nationale des médecins conclue le 1er juillet 1985 et approuvée par arrêté du 4 juillet suivant, il serait procédé à sa mise hors convention pour une durée d'un mois ;
Considérant que les...
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