
'Pfizergate'
EU’s court demands greater transparency from the European Commission.
JA – 05/2025
On 14 May, the General Court
of the European Union (EGC) ruled that the European Commission wrongly refused to publish text messages sent
between the Commission President, Ursula von der Leyen, and the CEO of Pfizer,
Albert Bourla. This was at the backdrop of the multi-billion dollar
negotiations over vaccine contracts held back in 2021, which von der Leyen and
Bourla allegedly conducted via text messages. The Court's decision could
now have far-reaching implications for the European Commission's transparency
and political accountability.
Background to the ruling
The text messages exchanged between
Commission President von der Leyen and Pfizer CEO Bourla were sent in 2021
during negotiations covering the procurement of COVID-19 vaccines. The
proceedings were triggered by a New York Times journalist's request for access
to the documents. She specifically requested access to the text messages
between Ursula von der Leyen and Albert Bourla. The documents were requested to
provide more transparency about the negotiations between the European Commission
and Pfizer regarding the purchase of COVID-19 vaccines. The agreement reached between the parties
provided for the delivery of up to 1.8 billion doses of the vaccine, with an
estimated contract value of approximately 35 billion euros. The precise terms
of the agreement were not known in 2021 and 2022 and they still remain unknown
to date.
European Commission’s argumentation
The European Commission had argued that the relevant text
messages had not been archived and were therefore no longer available. It also
pointed out that such text messages are not considered to be official documents
and are therefore not subject to the transparency regulations. The EGC took a
different view: The Court's view was that the Commission failed to provide a
plausible explanation as to why the text messages could no longer be found.
Furthermore, it also failed to explain why the relevant messages were not supposed
to contain essential information about the negotiations.
Possible effects of the ruling
The ruling could have an effect on
accountability and transparency within the EU’s institutions. Of particular
relevance here is whether text messages (SMS or WhatsApp) also fall under the
regulations covering access to EU documents. In its decision, the Court
clarified its view that such text messages can certainly be considered to be
official documents if they include official content. This means that the ruling
could well enhance the right of access to information and increase the pressure
on the EU’s institutions to adequately document these new forms of
communication.
Outlook
This ruling is not yet legally binding. The
European Commission could still contest the ruling and refer the matter to the
European Court of Justice (ECJ). If the ruling is upheld, then the Commission
would have to fundamentally revise its internal procedures for archiving and
releasing digital communications. We have not heard the last of this!