EU court annuls Commission’s decision to withhold texts between Von der Leyen and Pfizer
The European Union’s top court has overturned the European Commission’s decision to deny the New York Times access to text messages exchanged between Commission president Ursula von der Leyen and Pfizer CEO Albert Bourla. The ruling follows a legal challenge by the newspaper over the transparency of Covid-19 vaccine procurement.
In its judgement, the European Court of Justice (ECJ) criticised the Commission for failing to provide a credible explanation as to why it did not possess the requested messages. The court said the Commission could not merely assert the non-existence of the texts without offering a convincing rationale.
The dispute started after the New York Times reported in 2021 on text exchanges between Von der Leyen and Bourla concerning vaccine contracts. Despite requests, the Commission claimed it did not hold the messages because they were not registered as official documents. The New York Times subsequently took the matter to the ECJ in January 2023.
The court found that the Commission’s responses were based on assumptions or inconsistent information and that the newspaper had presented sufficient evidence indicating the texts’ existence. The ruling also noted that the Commission failed to clarify whether the messages had been deleted and, if so, whether this was deliberate or automatic.
The case marks a significant embarrassment for the EU chief. Not only did she personally authorise the bloc’s multi-billion-euro vaccine contract, but she has also consistently portrayed herself as a champion of transparency and efficiency. Consequently, the ruling could offer her opponents valuable political ammunition.
The European Commission has two months to appeal the decision.
© PHOTO NICOLAS TUCAT / POOL / AFP
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