Ms. Martine Gardenal is a general practitioner practicing homeopathic medicine in Saint-Germain-en-Laye. She is not a health care provider under contract with the national health insurance (Assurance Maladie).
On December 14th 2005, she is condemned by the regional medical council to 6 months suspension of delivering care to members of the national health insurance following a complain of the national health insurance. On March 21th 2007, the sentence is confirmed by the national medical council. On January 24th 2008, the administrative supreme court (conseil d’etat) rejected her appeal.
On July 11th 2008, the applicant submitted her case to the European Court of Human Rights arguing that the refusal by the plaintiff to communicate her transcripts of patients interrogation was a violation of article 6-1 of the Convention. She added that the fact that judges of the national medical council belong to the national health insurance was another violation of article 6-1 and that her loss of revenues a violation of article 1 Protocole no 1. The applicant was represented by Me Laurent Hincker (Strasbourg).
On February 18th 2010, the Court found in judgment Baccichetti v. France (22584/06) a violation of article 6-1 of the Convention because the plaintiff didn’t communicate to the applicant a report submitted to the judges of the national medical council.
Surprisingly, on December 2nd 2010, Judge Karel Jungwiert (Czech Republic) of the 5th section of the Court deemed the case Gardenal v. France (35040/08) inadmissible. The registrar of the Court also informed the applicant that no ground for the decision will be given and that it will destroy all archives regarding the case in 1 year.
