Doctor approved Morocco trip, but French health fund still demands €1,116
An insured woman thought she could stay in Morocco while on sick leave with her doctor’s approval. The CPAM nevertheless sought repayment of the benefits paid during her trip. The Annecy court ruled that she must repay 1,116.50 euros.
Before leaving, she had taken steps with the French health insurance system. On 5 July 2024, her GP had informed the Haute-Savoie CPAM of her planned stay in Morocco, from 26 July to 23 August. But the certificate did not include her social security number, according to the Annecy Judicial Court ruling.
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The health fund had requested further information on 18 July to identify the patient. Then, in a letter dated 14 August, it asked for the address where she would be staying and an identity document. The insured woman immediately sent the requested documents.
The decisive response arrived on 21 August, as her trip was nearing its end: her daily benefits were suspended for the entire period she had spent in Morocco. On 6 September, the CPAM notified her that she owed 1,116.50 euros.
The insured woman challenged the recovery. Her doctor had approved the trip, and she said she had sought the health fund’s authorization but received no response before leaving. In court, she explained that she would have canceled the trip if she had been notified of a refusal.
Medical approval does not guarantee benefits
The CPAM acknowledged that its response was late, attributing the delay to missing information in the original certificate. It nevertheless defended the repayment: approval from the treating doctor was not enough to maintain benefits during the stay.
The court accepted that reasoning. It noted that benefits may be suspended when travel abroad prevents the health fund from checking compliance with the obligations related to sick leave, subject to applicable international agreements.
The judges found that the woman was French and insured in France. They considered that her situation did not qualify for the continuation of benefits provided for under Article 7 of the Franco-Moroccan Convention. Informing the CPAM and requesting its authorization therefore did not entitle her to those benefits.
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Nationality had also played a role in another case involving a stay in Morocco while on sick leave, which had a different outcome: an Italian-Moroccan insured person had succeeded in having his debt canceled, as the court relied on his Moroccan nationality to apply the convention.
In Annecy, the ruling of 10 September 2026 rejects the request to cancel the debt and recover sums already withheld. The insured woman is ordered to pay the 1,116.50 euros demanded by the Haute-Savoie CPAM, as well as court costs. The decision is final.
