WRITTEN QUESTION E-2553/00 by Antonio Di Pietro (ELDR) to the Commission. Belgian legislation on clinical biology laboratories.
Date: 2000-07-28
Institutions: European Parliament, Provisional data
Subjects: Belgium, application of EU law, medical diagnosis, right of establishment

C 103 E/180

Official Journal of the European Communities

EN

3.4.2001

Should the results of this general examination prompt the Commission to propose a review of the
guidelines, it will of course bear in mind that the trans-European transport network must help spread the
benefits of the internal market while also contributing to the economic and social cohesion of the
Community.

New projects could therefore be put forward which contribute to greater economic and social cohesion,
such as those aiming at greater territorial continuity, provided they meet the other criteria pertaining to
projects of Community interest.

(1) OJ L 228, 9.9.1996.

(2001/C 103 E/205)

WRITTEN QUESTION E-2553/00

by Antonio Di Pietro (ELDR) to the Commission

Subject: Belgian legislation on clinical biology laboratories

(28 July 2000)

In his answer of 10 May 2000 to Written Question E-0939/00 (1), Commissioner Bolkestein confirmed
that the Commission also believed that case law on the freedom of establishment had changed following
the Court(cid:146)s judgment of 12 February 1987, which rejected a case brought by the Commission against
Belgian legislation restricting the management of medical analysis laboratories.

The Commission has also confirmed that it is undertaking a detailed review of this legislation on the basis
of new elements.

As part of this review, the Commission apparently submitted various questions to Belgium, which replied
at the end of May. The matter is still being considered, since the replies provided by Belgium have
apparently failed to clear up all the questions raised by the Commission concerning the compatibility of
the legislation in question with the EC Treaty.

Is the Commission not concerned that, in the meantime, a national court may adopt a decision without
being fully informed of the examination being conducted by the Commission and is there not a danger
that contradictory decisions may be taken since the national courts are not required to refer the matter to
the Court of Justice or to seek the Commission(cid:146)s opinion?

Under these circumstances, how does the Commission intend to fulfil its duty to cooperate fairly with the
Member States in accordance with the provisions of Article 10 of the EC Treaty, with reference to the
interpretation of Community case law? (In particular, see the Judgment of 28 February 1991, Case C-234/
89, Delimitis v. Henninger Br(cid:228)u, ECR 1991, p. I-935, paragraph 53.)

(1) OJ C 374 E, 28.12.2000, p. 189.

Answer by Mr Bolkestein on behalf of the Commission

(6 October 2000)

As the honourable Member has pointed out, the compatibility of Belgian legislation on clinical biology
laboratories with certain provisions of Community law is currently under review.

According to the information available to the Commission, the Belgian authorities empowered to take a
decision before the Commission takes a stance on the matter are aware of the review in process. They
therefore have the opportunity, as allowed by the rules of the relevant national procedures, to ask the
Commission for information on the progress of any procedure that is under way, in accordance with the
case law quoted by the honourable Member. The Commission has not so far received any such request for
information.