Moroccan-Italian man wins court fight over €1,222 CPAM sick-pay claim
The CPAM sought to recover €1,222.65 in daily benefits paid while he was staying in Morocco. The Moroccan-Italian insured man won the cancellation of the entire debt before the Saint-Étienne judicial court. The health insurance fund must also return the money it had already withheld.
Off work since June 10, 2021, the man had asked to stay in Morocco from July 20 to August 27. His doctor had sent a letter to the CPAM on July 8, but the fund refused authorization. He went anyway, according to the Saint-Étienne judicial court ruling.
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On his return, the CPAM told him that his benefits for that period had been suspended, then demanded repayment. Deductions from his benefits had reduced the amount owed to €702.07 by February 2023.
The insured man then contested the debt before the amicable appeals commission. The following December, the fund upheld its decision, citing his Italian nationality: it argued that this meant he could not benefit from the social security agreement between France and Morocco.
The CPAM ultimately recognizes his entitlement
This was precisely the point on which the man defended his case. As a Moroccan national as well, he believed he was entitled to benefit from the agreement despite his dual nationality. After his amicable appeal was rejected, he brought the case before the court in February 2025.
The proceedings ultimately led the fund to reconsider its reasoning. At the judges’ request, it submitted a note on January 30, 2026, acknowledging that the insured man could continue receiving his benefits during his stay in Morocco.
The court found that he had established his Moroccan nationality and worked in France. He was therefore covered by Article 7 of the Franco-Moroccan agreement, which provides, subject to certain conditions, for continued health insurance benefits during a temporary transfer of residence to Morocco, for a maximum of three months.
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In its ruling of March 19, 2026, the court canceled the €1,222.65 claim. The CPAM must return the €520.58 already deducted from the insured man’s benefits and pay the costs of the proceedings.
