22.6.2020

Official Journal of the European Union

C 209/6

(Case C-96/20)

(2020/C 209/10)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicants: Ordine Nazionale dei Biologi, MX, NY, OZ

Defendant: Presidenza del Consiglio dei Ministri

Questions referred

1.Is Article 9(2) of Directive 2002/98/EC setting standards of quality and safety for the collection, testing, processing, storage and distribution of human blood and blood components (1) to be interpreted as meaning that, by identifying as minimum conditions of qualification for appointment to the position of responsible person of a blood establishment the possession of an academic qualification ‘in the field of medical or biological sciences’, it confers directly on individuals having a degree in either discipline the right to carry out the duties of responsible person within a blood establishment?

2.Does European Union law accordingly permit national law to exclude individuals having a degree in biological sciences from carrying out the duties of responsible person within a blood establishment or preclude it from doing so?

Directive 2002/98/EC of the European Parliament and of the Council of 27 January 2003 setting standards of quality and safety for the collection, testing, processing, storage and distribution of human blood and blood components and amending Directive 2001/83/EC (OJ 2003 L 33, p. 30).