financial Biology: Advocate General supports the French Biologists. Friends Biologists, hello.
In December 2008, the French Biology practitioner was at the bottom of abyss. By taking some information from the time I write a post: "The argument European not insurmountable." It was just before Christmas, and some readers (not all, there are always moaning) had appreciated the optimism.
Yesterday, June 2, 2010. This is the cherry season and inevitably that is genetically programmed, a renewed optimism. It is also the day when the Advocate General at the European Court, Paolo Mengozzi, delivered in an Italian impeccable, its conclusions about a business that has been resisted 18 months the European Commission to biology practitioner French. To cool off the record, I refer you to an old post on the subject and reminds you that criticizes the Commission considers it contrary to EU treaty rules restricting the one hand, 25% participation a non-biologist shareholder in the capital of a laboratory setting and on the other hand, both the maximum number of laboratories in which a biologist is present in the capital.
Regarding the first claim, Mr Mengozzi concludes
" I move the Court to dismiss the action insofar as the Commission asked to note that limiting the law to quarter than the shares and thus voting rights can be owned by non-biologists as part of a company of limited liability professional (SELARL ") formed to operate jointly one or several laboratories for biomedical tests, the French Republic has failed to fulfill its obligations under of Article 43 EC . "
So, yes. The Advocate believes that it is legally valid to limit the participation of non-biology laboratories in the capital to 25%. As such, it considers that Biomnis Unilabs and do not meet the regulatory criteria now legitimate (although Labco Cerba and respond). His legal argument is based on the Italian jurispridence pharmacies and conclusions of the Advocate Bot (reported optimistic post-2008). Master Mengozzi also emphasizes the similarity of the pharmaceutical sector (pharmacies) and organic in terms of professional independence and role in public health do not like financiers who leered through the takeover of the two sectors, the wealth of Social Security. He also rejects the parallel between the Commission did qu'avaint French biology and the Greek sector of the optic (why you smile?).
Regarding the second complaint, because it gives, in a brief argument, the Commission complained that the ban a biologist to participate in capital of more than two laboratories. There will necessarily be some wolves that are coming out of the woods.
Who said timber, said Cherry, who says cherry clafoutis said. I will send One or two houses made Master Mengozzi.
GoM PS: To be complete, you will find the text of the Opinion of Advocate General on the website of the European Court under http://curia.europa.eu/ file number C-89/09.
