Commission's appeal against COVID vaccine contract disclosures should be dismissed, court adviser says
European Commission's Legal Battle Over COVID-19 Vaccine Contract Transparency
BRUSSELS, June 11 (Reuters) - The European Commission's appeal against a 2024 ruling forcing it to disclose information about COVID-19 vaccine contracts should be dismissed, an adviser to Europe's top court said on Thursday.
Background on Vaccine Contract Negotiations
The Commission negotiated multi-billion vaccine contracts with drug makers such as Pfizer and BioNTech on behalf of the 27-nation bloc during the pandemic.
Redacted Information and Privacy Concerns
In subsequent disclosures the Commission redacted names of a negotiation team and some contractual clauses, arguing protection of privacy of individuals and protection of commercial interests of the companies. The appeal was against the General Court's ruling against that decision.
Court Adviser’s Opinion
"The General Court was correct in holding that the transparency of the process of negotiating agreements for Covid-19 vaccines constitutes a specific purpose in the public interest within the meaning of EU law," Advocate General Athanasios Rantos said, according to a court document released on Thursday.
Implications for Accountability
In both cases, the Commission's attitude does not allow accountability, Rantos, whose opinion is not binding, added.
Commission’s Response
The Commission said it takes note of Rantos' opinions and awaits the outcome of its appeal.
Impact on EU Leadership and Transparency
Rantos' recommendation is a setback for the Commission and its President Ursula von der Leyen, who was at the helm during the COVID crisis. The issue has been used against her in criticism that the EU's executive body under her leadership lacks transparency.
Related Case: Disclosure of Text Messages
In a separate case, the General Court ruled in 2025 that the Commission had to disclose text messages between von der Leyen and the CEO of Pfizer during negotiations for COVID vaccines.
Commission’s Handling of Text Message Request
The Commission did not provide credible reasons for rejecting a New York Times request to hand over the texts, which von der Leyen said she no longer has. The Commission did not appeal that ruling.
(Reporting by Inti Landauro; Editing by Bart Meijer and Elaine Hardcastle)
