The Lombardy Tar accepted the appeal from Technogenetics and canceled the agreement (without tender) between the Policlinico San Matteo and Diasorin Foundation on serological tests
Technogenetics has won. At least at the moment: the Tar of Lombardy has canceled the collaboration agreement between the Policlinico San Matteo Foundation and Diasorin on serological tests started last March .
Alessandro Venturi, president of the San Matteo Foundation of Pavia, threatens the urgent appeal, but new rumors emerge on the matter. Let's go step by step.
THE DECISION OF THE TAR
Let's start with the news. With a sentence of the First Section chaired by Domenico Giordano, the Lombardy Tar accepted the appeal presented by Technogenetics Srl and canceled the collaboration agreement between the Policlinico San Matteo Foundation and Diasorin, a joint-stock company that operates in the segments of immunodiagnostics and of molecular diagnostics based in Saluggia (VC), on serological tests for the diagnosis of SARS-Cov-2 infection started last March.
The TAR also sentenced the IRCCS Policlinico San Matteo and Diasorin spa Foundation, jointly and severally, to pay the legal costs, liquidating them in € 10,000.
TAR: PUBLIC SERVICE AVAILABLE TO PRIVATE INTEREST
According to the TAR, the sentence reads, the Policlinico San Matteo of Pavia has made "public service" goods available, such as "equipment, laboratories, materials used, scientific knowledge", to "satisfy a particular interest, of which Diasorin spa is the bearer, consisting in the development and realization of products and kits of which Diasorin itself will acquire the exclusive property, retaining the right to patent the inventions made and to proceed with the relative marketing ".
RACE WAS NECESSARY
The agreement between the parties, the judge believes, is a "concession relationship" and, for this reason, in order to "identify the counterpart, ie the concessionaire", San Matteo should have resorted to "a public procedure, of which, however, there is no trace in the case under consideration ".
The contract "was awarded in violation of internal and community principles", the Lombardy Regional Administrative Court considers, without any "procedure consistent with the principles of transparency, proportionality, advertising, impartiality, equal treatment". Principles "totally rejected in the present case".
THE COMPLAINT OF TECHNOGENETICS
And precisely due to the absence of a public tender, the competitor of Diasorin, Technogenetics Srl, which is part of the Chinese Khb group, which was ready to market its test since early March and who had asked to participate in the scientific analysis of San Matteo di Pavia but never received an answer, he decided to appeal, bringing the issue of serological tests to court.
The company based in Lodi accused the Lombardy Region of having withdrawn only after 24 hours from publication an expression of interest (preliminary for the tender for the choice of a dealer) opened on April 6, without evaluating what the possible offers from other companies were.
The company also claims to have offered, on March 20 (Diasorin tests arrived in mid-April) 20 thousand rapid tests validated by an Italian study. Tests, however, deemed unreliable by the San Matteo manager, Fausto Baldanti.
THE INDICATIONS OF THE DAILY FACT
After rethinking the expression of interest, an agreement immediately followed for the purchase from Diasorin of 500 thousand tests at 4 euros each, for a total expenditure of 2 million. According to what revealed by Il Fatto Quotidiano , the company in Saluggia had set its tests at 3.30 euros each for the race in Lombardy. The lowest economic offer had been submitted by Roche and did not even reach 1.5 euros.
VENTURI: WE WILL APPEAL
Indiscretions aside, the San Matteo di Pavia Foundation does not share the decision of the TAR and promises an urgent appeal.
"We will urgently appeal to the Council of State for the reform of the first instance sentence of which we will ask for the suspensive conviction of the goodness of the work and that the activity fully falls within the institutional one of the institution", Alessandro Venturi told Ansa , president of the San Matteo Foundation of Pavia.
TESTS GO FORWARD
For Venturi “the contract is active and, therefore, San Matteo has not spent money in favor of Diasorin. Vice versa, for the services rendered, it collects resources to be allocated to public scientific research ".
"The tests go on regardless", added Venturi, as the Tar's decision is "irrelevant" for the purpose of serological surveys on the population.
This is a machine translation from Italian language of a post published on Start Magazine at the URL https://www.startmag.it/innovazione/test-sierologici-in-lombardia-tar-guerra-fra-diasorin-e-technogenetics/?utm_source=rss&utm_medium=rss&utm_campaign=test-sierologici-in-lombardia-tar-guerra-fra-diasorin-e-technogenetics on Mon, 08 Jun 2020 14:47:41 +0000.