Subsection 2: Medical laboratories established in another Member State of the European Union or party to the Agreement on the European Economic Area

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Article D6221-10

French Public Health CodeIn force

Updated 30 Oct 2023

I.-The application for authorisation provided for in 3° of Article L. 6221-4 shall be sent by the medical biology laboratory established in another Member State of the European Union or party to the Agreement on the European Economic Area to the Minister responsible for health, by electronic means or by post with acknowledgement of receipt.

II - If the medical biology laboratory is accredited in its own country under the conditions laid down in I of Article L. 6221-2, the application for authorisation for accredited examinations shall be accompanied only by the certificate of accreditation by the competent authority of the State in which it is established. The authorisation is issued by the Minister for Health.

III - If the medical biology laboratory is not accredited in its country, under the conditions laid down in I of Article L. 6221-2, the application for authorisation must indicate :

1° The legal rules and technical operating standards of the medical biology laboratory in the Member State of the European Union or party to the Agreement on the European Economic Area in which it is located, and the list of medical biology tests that it is authorised to perform there and for which it is seeking authorisation;

2° The number of medical biology tests performed during the calendar year preceding the application;

3° The number of people working in the laboratory at the date of the application and their specialisation;

4° Copies of the diplomas, certificates or other qualifications of the professionals working in the laboratory;

5° The content of the studies, work placements or periods of professional practice carried out as part of their training by all the professionals working in the laboratory;

6° The timing and frequency of the inspections to which the laboratory is subject and the purpose of the inspections;

7° A description of the layout and organisation of the laboratory, the quality and safety procedures for the transport of biological samples, a list of the materials, equipment and in vitro diagnostic medical devices used in the laboratory and a description of the quality assurance processes, operating procedures and standards implemented;

8° The arrangements for verification of compliance with quality assurance procedures by a third party organisation;

9° Where applicable, the name and address of the laboratories with which the applicant laboratory collaborates.

The Minister for Health will decide on the application for authorisation after receiving the opinion of the Director General of the French Accreditation Committee.

IV - Failure by the Minister for Health to respond within four months of receipt of the application for authorisation shall be deemed to constitute rejection of the application.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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