EU Court: Commission's Covid-19 vaccine purchase lacked transparency

EU lawmakers and citizens asked the commission to publish the agreements under the bloc’s freedom of information laws, but the commission only released redacted versions, prompting legal action.
The decision is a blow to Commission President Ursula von der Leyen, whose conduct in procuring the vaccines has come under scrutiny, notably over the commission’s refusal to release messages she exchanged with Pfizer chief Albert Bourla.

Von der Leyen must win a majority in the European Parliament on Thursday to remain in office after her term ends later this year.
The EU’s top court ruled on Wednesday in two separate cases not directly related to the Bourla messages that the commission had failed to demonstrate that the redaction of certain clauses in the agreements was justified.

For example, the commission has blacked out clauses on compensation for pharmaceutical companies in the event that the vaccines are defective.

The court said the rules belong in the public domain because EU member states had agreed to the rationale behind them – to compensate companies for the risk of shortening development times. It said the commission had not shown that making them public would harm the commercial interests of pharmaceutical companies.
The judges also said the commission had not adequately explained its decision to amend the contractual definitions of “intentional misconduct” and “best reasonable efforts.”

The commission also amended rules on the donation and resale of vaccines. But again, the court said the EU executive had failed to show how releasing them would harm the commercial interests of companies.

The commission also redacted the personal details of its negotiating team for privacy reasons, but the judges ruled that the public interest outweighed the privacy concerns. The names and job titles of the negotiators were necessary to determine whether they had conflicting interests, the court said.

“Victory for the [ECJ]!” wrote EU lawmaker Jutta Paulus, one of the plaintiffs, on X. “[The European Commission] must give [the European Parliament] access to all relevant information when it comes to joint procurement of vaccines,” wrote Paulus, a member of Germany’s Greens.

The commission has two months and 10 days to appeal the decision to the EU’s highest court, the Court of Justice.

In a statement, the commission said it “reserves its legal options.”

The EU leadership stressed that the court upheld most of its edits, such as the location of vaccine production sites and provisions on intellectual property.

“It has only partially upheld the case on two points,” the EU commission wrote of the court’s ruling.

"It has ruled that the Commission should have provided more explanations to justify a refusal of access to certain provisions of the contracts.

"It has also ruled that the Commission should have provided the personal data relating to the members of the negotiating teams, made up of representatives of the member states and Commission officials."

Among the plaintiffs was EU lawmaker Michèle Rivasi, a French Green politician who died in November at the age of 70. "This victory is thanks to Michèle Rivasi. RIP," wrote Paul X.