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Case C-89/09: Judgment of the Court (Second Chamber) of 16 December 2010 — European Commission v French Republic (Failure of a Member State to fulfil obligations — Freedom of establishment — Article 43 EC — Public health — Operation of bio-medical analysis laboratories — National legislation under which no more than 25 % of own capital may be held by shareholders who are not professional biologists — Prohibition on holding shares in more than two companies operating jointly one or more biomedical analysis laboratories — Objective of ensuring the professional independence of biologists — Objective of maintaining diversity of supply in the biomedical field — Consistency — Proportionality)
ECLI:EU:UNKNOWN:62009CA0089
62009CA0089
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19.2.2011
Official Journal of the European Union
C 55/5
(Case C-89/09) (<span class="super">1</span>)
(Failure of a Member State to fulfil obligations - Freedom of establishment - Article 43 EC - Public health - Operation of bio-medical analysis laboratories - National legislation under which no more than 25 % of own capital may be held by shareholders who are not professional biologists - Prohibition on holding shares in more than two companies operating jointly one or more biomedical analysis laboratories - Objective of ensuring the professional independence of biologists - Objective of maintaining diversity of supply in the biomedical field - Consistency - Proportionality)
2011/C 55/07
Language of the case: French
Parties
Applicant: European Commission (represented by: G. Rozet and E. Traversa, Agents)
Defendant: French Republic (represented by: G. de Bergues and B. Messmer, Agents)
Re:
Failure of a Member State to fulfil obligations — Infringement of Article 43 EC — Rules concerning the operation of bio-medical analysis laboratories — National legislation under which no more than 25 % of a company’s capital may be held by shareholders not engaged in the relevant professional activity — Prohibition on holding shares in more than two companies operating jointly one or more biomedical analysis laboratories — Restrictions on freedom of establishment which may be justified by the objective of protection of public health and are proportionate
Operative part of the judgment
The Court:
1.Declares that, by prohibiting biologists from holding shares in more than two companies formed in order to operate jointly one or more biomedical analysis laboratories, the French Republic has failed to fulfil its obligations under Article 43 EC;
2.Dismisses the action as to the remainder.
3.Orders the French Republic and the European Commission to bear their own costs.
(<span class="super">1</span>) OJ C 113, 16.05.2009.