The case was brought before a judge in a summary trial. According to BioneXt, the free Large Scale Testing campaign last summer, allowing every resident to get a free PCR test without an invitation, meant they did up to 80% fewer tests during that period. Because this expansion of the service was done without a public tender, it gave an unfair advantage to Laboratoires Réunis, which had already bagged the contract for Large Scale Testing, worth over 100 million Euros.
They request that this be retroactively suspended, as the law stipulates. Should that not be possible, they demand financial sanctions against the government, according to their lawyer Nicolas Thieltgen.
As the case was brought before a référé judge, a sort of accelerated tribunal, there was perhaps hope for a fast judgment. This approach has been in vain, however, as discussions on Tuesday turned to whether phase 3 of Large Scale Testing was over or not, and whether it would be possible to intervene at all. According to the defense, phase 3 had definitely concluded as per the contract.
The hearing was rescheduled for 8 February. BioneXt have also recently filed a suit at the EU Commission, citing violation of competition law and illegal government aid.
A first hearing took place a few days ago before the Directorate-General for Competition in Brussels, said Dr. Jean-Luc Dourson, director general of BioneXt LAB.
He is also considering of suing for financial compensation.
