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July 16, 2020 The Council of State, accepting the appeal of the Policlinico San Matteo of Pavia and Diasorin, suspended the effects of the sentence with which the Tar of Lombardy last June 8 had canceled the agreement between the multinational and San Matteo himself on serological tests for the detection of antibodies in the blood after a Covid-19 infection. 

The magistrates of Palazzo Spada also suspended the decision of the Lombard Administrative Court to transmit the documents to the Court of Auditors.

The Council of State has in fact considered that the issues raised with the appeals against the Tar ruling "deserve adequate in-depth analysis", with particular regard to both "the difficult conjugability of the principle of competitiveness and the related corollary of evidence publishes, with the experiments and validations conducted by Ircs on the initiative of the private individual, concerning 'inventions' capable of patent protection,' and 'to doubts about the exact legal qualification of the agreement entered into, reconstructed by the Tar as a' concession of the company compendium, even in the absence of the exclusivity requirement that ordinarily characterizes the concession relationship ".

Furthermore, the order still reads, "the prejudice arising for the San Matteo Foundation from the execution of the sentence, linked to the uncertainty about the continuing validity of the research lines that the Institute is also conducting in areas related to epidemiological diffusion in progress ", is" more relevant and meaningful on a precautionary level, compared to the mere interest of the original applicant Technogenetics srl (not already to compete on the activity of experimentation and research made available by the Institute, but) to protect portions of the 'market' acquired in the sector in which it already operates with its own patented diagnostic tools ".

For this reason, conclude the judges of Palazzo Spada, "it seems useful, in view of the decision on the merits of the complex controversy, to acquire, through the Ministry of the University and Scientific Research (which obviously will be able to take advantage of the information provided by the Ircs ), wider knowledge about the operational practices followed by the IRCS in the application of article 8, paragraph 5, of Legislative Decree 288/2003, with particular reference to the origin (private / public) of the proposal of the activated research lines ".