European Court Rules Against Ursula von der Leyen in Pfizer Text Message Case
The court criticizes the European Commission for failing to disclose communications related to COVID-19 vaccine contracts.
The General Court of the European Union has ruled against Ursula von der Leyen, the President of the European Commission, for not disclosing text messages exchanged with Albert Bourla, the then-CEO of Pfizer, during 2021. The dispute emerged when the New York Times requested access to these communications in relation to vaccine procurement during the COVID-19 pandemic.
The European Commission contended that it was not in possession of these messages, citing that community legislation does not compel it to register them.
During the court hearings, representatives argued that the messages would have been recorded if they contained information of enduring significance or if they required action or follow-up from the Commission.
However, the court found these arguments unconvincing, stating that generally, all documents of EU institutions should be accessible to the public.
It emphasized that when an institution claims that a document does not exist in response to an access request, such claims are presumed to be truthful.
The ruling indicated that throughout the proceedings, the responses from the Commission concerning the requested text messages relied on assumptions or inconsistent information.
Conversely, the plaintiffs, including the New York Times, presented compelling evidence suggesting the existence of exchanges in the form of text messages between von der Leyen and Bourla.
Consequently, the court concluded that the European Commission failed to provide a plausible explanation for its assertion that it did not have the requested documents.
It noted that the Commission did not adequately clarify whether the messages had been deleted, and if so, whether this deletion was intentional or automatic, nor did it explain whether von der Leyen's mobile phone had been replaced during that time frame.
Furthermore, the court questioned why it believed the text messages exchanged regarding the acquisition of COVID-19 vaccines lacked important information requiring preservation.
During the pandemic, the European Commission facilitated a joint vaccine procurement system among EU member states.
It encountered significant challenges with certain suppliers, particularly AstraZeneca, which prompted the Commission to seek additional doses from Pfizer.
This led to direct negotiations between von der Leyen and Bourla as Europe faced criticism over the slow vaccination rollout.
This ruling is not yet final and may be appealed by the European Commission.
The European Commission contended that it was not in possession of these messages, citing that community legislation does not compel it to register them.
During the court hearings, representatives argued that the messages would have been recorded if they contained information of enduring significance or if they required action or follow-up from the Commission.
However, the court found these arguments unconvincing, stating that generally, all documents of EU institutions should be accessible to the public.
It emphasized that when an institution claims that a document does not exist in response to an access request, such claims are presumed to be truthful.
The ruling indicated that throughout the proceedings, the responses from the Commission concerning the requested text messages relied on assumptions or inconsistent information.
Conversely, the plaintiffs, including the New York Times, presented compelling evidence suggesting the existence of exchanges in the form of text messages between von der Leyen and Bourla.
Consequently, the court concluded that the European Commission failed to provide a plausible explanation for its assertion that it did not have the requested documents.
It noted that the Commission did not adequately clarify whether the messages had been deleted, and if so, whether this deletion was intentional or automatic, nor did it explain whether von der Leyen's mobile phone had been replaced during that time frame.
Furthermore, the court questioned why it believed the text messages exchanged regarding the acquisition of COVID-19 vaccines lacked important information requiring preservation.
During the pandemic, the European Commission facilitated a joint vaccine procurement system among EU member states.
It encountered significant challenges with certain suppliers, particularly AstraZeneca, which prompted the Commission to seek additional doses from Pfizer.
This led to direct negotiations between von der Leyen and Bourla as Europe faced criticism over the slow vaccination rollout.
This ruling is not yet final and may be appealed by the European Commission.
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Translated by AI
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