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Diasorin, the agreement with San Matteo di Pavia for Covid tests is legitimate

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the Ircss San Matteo Pavia-Diasorin agreement for serological tests on Covid is legitimate. This was established by the third section of the Council of State. With a sentence filed today, the highest body of administrative justice reformed the decision of the Lombardy TAR. The TAR of Lombardy had canceled the agreement between the Policlinico San Matteo of Pavia and Diasorin on serological tests. Now, however, the Council of State believes that agreement is legitimate. For Palazzo Spada, the finding that the validation, and eventual development of the private research project, is not exclusive to other possible scientific projects of other private subjects, responding to the institutional purpose of the IRCSS to support research projects, including private ones, and to validate them.

It is not a question of the concession of a public good, nor does it exist a competition problem because, unlike the procurement contract and the concession, structurally there is no limitation in the choice of administration to a single partner since the research is open. The non-exclusive or excluding nature of the contested agreement and the openness to evaluation of other similar (even contextual) proposed agreements also weigh in the decision.

Diasorin learned the decision with great satisfaction of the Council of State. The contract was challenged by Chinese-owned firm Technogenetics, the group points out. With this ruling, it was definitively ascertained that DiaSorin and the Policlinico San Matteo of Pavia have correctly operated in the validation process of the DiaSorin tests. For CEO Carlo Rosa, this is a decision of great importance for the entire Italian research sector, thanks to which clarity has been made on the collaboration between public institutes and private companies in the execution of clinical trials to improve people’s health. DiaSorin and the Policlinico San Matteo di Pavia are two national and international excellences who have always put all their energy into fighting the current pandemic.

Technogenetics instead reserves the right to evaluate adoption of any legal actions at the European offices prepared after the sentence. The group authorizing the appeal acknowledges that public / private collaborations also aimed at acquiring the results of public research are freely negotiable by the administration which may at its discretion prefer one operator over another and that these methods, according to the Council of State, are not they alter free competition, a note reads.

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