European Court of Justice Rules Against EU Commission on Vaccine Contract Transparency
The European Court of Justice has ruled in favor of various green citizens and MEPs, who appealed against the European Commission's refusal to grant full access to documents related to the contracts for the purchase of Covid-19 vaccines. The court found that the Commission did not provide sufficiently broad access to these contracts, particularly concerning the indemnification clauses and declarations of absence of conflict of interest from the negotiating team members.
The European Commission responded by stating that it had to strike a difficult balance between public right to information and legal obligations arising from the vaccine contracts. The Commission emphasized its commitment to the principles of openness and transparency and indicated that it would carefully examine the court's rulings while reserving its legal options.
Court's Findings and Implications
The court noted that in 2020 and 2021, the Commission signed contracts worth approximately 2.7 billion euros for over one billion doses of vaccines with various pharmaceutical companies. The Commission had only provided partial access to these documents, releasing redacted versions online. The Court partially annulled the Commission's decision, highlighting the need for more transparency, especially regarding the indemnification clauses and conflict of interest declarations.
The European Court of Justice underscored that the manufacturers are responsible for any damage caused by a defect in their products and that their liability cannot be limited by clauses. However, the court also pointed out that the Commission did not prove that wider access to these clauses would harm the commercial interests of the companies involved.
Furthermore, the court found that the Commission had not sufficiently justified its partial denial of access to the declarations of absence of conflict of interest of the negotiating team members. The court ruled that the disclosure of personal data was in the public interest.
The European Commission acknowledged the court's rulings and reiterated its commitment to providing the widest possible public access to documents while protecting commercial interests and personal data. The Commission also noted that it had provided the European Parliament with complete information on the vaccine contracts and emphasized its institutional role in ensuring the absence of any conflict of interest.
- The European Commission has been accused of lacking transparency during the Covid-19 pandemic. The Court of Justice of the European Union ruled that the Commission had not given the public sufficiently broad access to contracts for the purchase of vaccines against Covid-19. This ruling came after a group of MEPs and individuals requested access to the documents in 2021 to understand the terms and conditions of the purchases and ensure that the public interest was protected.
- The Commission had only granted partial access to the documents, providing redacted versions online. This led the applicants to take legal action, resulting in the court's partial annulment of the Commission's decisions. The court highlighted the Commission's partial refusal to disclose the declarations of absence of conflict of interest of the members responsible for negotiating the vaccine purchases.
- In addition to the appeals to the EU justice system, the European Public Prosecutor's Office opened an investigation in October 2022 into the controversial vaccine purchases. This followed a heated controversy sparked by the revelation of an exchange of SMS messages between the President of the European Commission, Ursula von der Leyen, and the CEO of Pfizer, Albert Bourla. The EU ombudsman criticized the Commission's refusal to disclose the content of these text messages in the summer of 2022.
