LABORATORIES OPERATED BY A LEGAL PERSON GOVERNED BY PRIVATE LAW WHOSE MEMBERS, PARTNERS OR DIRECTORS ARE NOT ALL NATURAL PERSONS AUTHORIZED TO CARRY OUT MEDICAL ANALYSES MAY NOT BE REIMBURSED UNDER THE SOCIAL SECURITY SCHEME .
2 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR THE BELGIAN LEGISLATION ON SERVICES IN THE FIELD OF CLINICAL BIOLOGY, THE BACKGROUND TO THE APPLICATION AND THE ARGUMENTS OF THE PARTIES, WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
3 THE COMMISSION CONSIDERS THAT BELGIAN ROYAL DECREE NO . 143 OF 30 DECEMBER 1982, LAYING DOWN THE CONDITIONS WHICH A LABORATORY MUST SATISFY IN ORDER FOR CLINICAL BIOLOGY SERVICES TO QUALIFY FOR REIMBURSEMENT FROM THE SICKNESS INSURANCE SCHEME, IS INCOMPATIBLE WITH ARTICLE 52 OF THE TREATY .
4 WHERE A LABORATORY IS OPERATED FOR PROFIT BY A LEGAL PERSON, THE DECREE REQUIRES THAT ALL ITS MEMBERS, PARTNERS AND DIRECTORS SHOULD BE DOCTORS OR PHARMACISTS . AS A RESULT IT IS IMPOSSIBLE FOR COMPANIES ESTABLISHED IN ANOTHER MEMBER STATE TO SET UP SECONDARY ESTABLISHMENTS, ESPECIALLY SUBSIDIARY COMPANIES, IN BELGIUM .
5 FURTHERMORE, THE COMMISSION MAINTAINS THAT THE RESTRICTIONS ON THE RIGHT OF ESTABLISHMENT PROHIBITED BY ARTICLE 52 OF THE TREATY ARE NOT CONFINED TO DISCRIMINATORY MEASURES BUT INCLUDE MEASURES WHICH APPLY TO BOTH NATIONALS AND FOREIGNERS WITHOUT DISTINCTION WHERE THEY CONSTITUTE AN UNJUSTIFIED CONSTRAINT FOR THE LATTER .
6 THE COMMISSION ADDS THAT THE ABOVEMENTIONED CONDITIONS WHICH LABORATORIES MUST SATISFY UNDER DECREE NO 143 ARE NOT NECESSARY TO PREVENT EXCESSIVE RECOURSE TO CLINICAL BIOLOGY SERVICES . ON THE ONE HAND, THE DANGER OF EXCESSIVE RECOURSE TO ANALYSES IS IN GENERAL ATTRIBUTABLE PRINCIPALLY TO THE PRESCRIBING DOCTOR, SINCE AN ANALYSIS REQUESTED BY HIM CAN HARDLY BE REFUSED BY THE LABORATORY . SECONDLY, IF THERE IS ANY COLLUSION, ARTICLE 9 OF ROYAL DECREE NO 143 PROVIDES FOR THE POSSIBILITY OF PENALIZING THE OPERATOR OF THE LABORATORY, WHETHER OR NOT HE IS A PERSON ENTITLED TO CARRY OUT ANALYSES .
7 THE BELGIAN GOVERNMENT CONSIDERS THAT IT HAS EXCLUSIVE POWER TO LAY DOWN RULES GOVERNING THE ACTIVITY IN QUESTION AND SUCH RULES ARE COMPATIBLE WITH COMMUNITY LAW IN SO FAR AS THEY DO NOT DISCRIMINATE AGAINST NATIONALS OF OTHER MEMBER STATES AND COMPANIES ASSIMILATED TO THEM BY VIRTUE OF ARTICLE 58 OF THE EEC TREATY .
8 IT ALSO CONTENDS THAT THE CONTESTED ROYAL DECREE PURSUES A PURPOSE WHICH IS IN THE PUBLIC INTEREST, NAMELY THE PREVENTION OF EXCESSIVE RECOURSE TO CLINICAL BIOLOGY SERVICES WHICH, THE BELGIAN GOVERNMENT BELIEVES, MIGHT RESULT FROM COLLUSION BETWEEN PRESCRIBING DOCTORS AND LABORATORIES . THAT IS WHY THE LAW PROVIDES FOR CLINICAL BIOLOGY SERVICES TO BE REIMBURSED ONLY IF THE LABORATORY IN QUESTION IS OPERATED BY A DOCTOR OR PHARMACIST OR, WHERE IT IS OPERATED FOR PROFIT BY A LEGAL PERSON, ONLY IF ITS MEMBERS, PARTNERS OR DIRECTORS ARE DOCTORS OR PHARMACISTS . THOSE PROFESSIONS ARE SUBJECT TO DISCIPLINARY RULES LAID DOWN BY THE RESPECTIVE GOVERNING BODIES, THE EFFECTIVENESS