Val-d’Oise: the judicial wind turns against the “sometimes aggressive” pediatrician with his colleagues

Dr Philippe Jarnouen de Villartay, who today works as liberal practitioner in Osny, in the Val d’Oise, was assigned to the René-Dubos hospital center in Pontoise. On July 26, 2017, the general director of the National Management Center (CNG) of hospital practitioners and management personnel of the hospital public service decided to order her “revocation” given his “difficult relationships” with his colleagues and the fact that he was “sometimes aggressive” with them. His behavior also caused “dysfunctions”.

The pediatrician therefore initially turned to the administrative court of Pontoise: he considered that the decision of the general director was tainted by a “ excess of power“, but the court found nothing wrong with the legality of this revocation.

Malfunctions

Secondly, the doctor appealed to the administrative court of appeal of Versailles: on April 5, 2022, it annulled the first judgment and its revocation. The Minister of Health therefore seized the Board of statethe highest court in the French administrative order, to turn the tide.

“To annul the decree (…) imposing the sanction of dismissal on Dr Philippe Jarnouen de Villartay, the court (…) relied on the sole reason that, since the decision of reprimand which had been imposed on him on October 27, 2013, the person concerned had not been the subject of a call to order”, therefore notes the Council of State in a judgment dated March 28, which has just been made public.

“But no text or principle requires that the pronouncement of the sanction of dismissal be preceded by a call to order from the person concerned. “,

The Minister of Health is therefore “justified in maintaining that (…) the court (…) committed an error of law”.

“Error of law”

This therefore justifies “the annulment of his judgment”, even though it appears from the file that “the person concerned had been summoned on several occasions by his superiors to discuss the difficulties caused by his behavior”, the magistrates point out.

The Council of State therefore referred the case to the Administrative Court of Appeal of Versailles so that it could re-examine the case in the light of its own analysis.

CB (PressPepper)

Follow all the news from your favorite cities and media by subscribing to Mon -.