EU Commission loses court case over Pfizer text messages with von der Leyen

EU Commission Loses Court Case Over Pfizer Messages With von der Leyen

European Court of Justice rules lack of transparency in COVID-19 vaccine negotiations

The European Union's top judicial body has ruled against the European Commission in a case concerning access to text messages exchanged between Commission President Ursula von der Leyen and Pfizer CEO Albert Bourla. The Court found that the Commission failed to provide a credible explanation for not possessing the requested documents, a decision seen as a significant win for transparency advocates.

ECJ: Non-possession claim lacks credibility

In its decision, the European Court of Justice (ECJ) stated that the Commission “has not given a plausible explanation to justify the non-possession of the requested documents.” The judges underscored that simply stating that text messages do not exist or were not retained is insufficient. EU institutions are obligated to provide a clear, traceable account of any document handling, especially when those documents concern public procurement worth billions of euros.

The case, filed by The New York Times in January 2023, followed the Commission’s refusal to release the contents of personal messages allegedly exchanged during negotiations for COVID-19 vaccine procurement.

Background: Billions in vaccine contracts under scrutiny

The controversy stems from a series of EU contracts with Pfizer-BioNTech for COVID-19 vaccines. The first agreement, signed in December 2020, secured 200 million doses. Additional deals followed in March and May 2021, reaching a combined value of €2.4 billion and an option for 900 million more doses.

The New York Times revealed the existence of direct communications between von der Leyen and Bourla in 2021, citing interview disclosures. However, attempts to access these messages were blocked by the Commission, which claimed the texts could not be located or were not classified as official documents.

Court: Messages qualify as public documents

Citing the EU's 2001 regulation on public access to documents, the Court reaffirmed that any content—regardless of format or medium—that pertains to institutional decisions or policy matters qualifies as a “document” and must be preserved and accessible upon request. This includes electronic formats such as text messages.

The judges concluded that the Commission had neither adequately described the search it conducted for the messages nor explained whether deletion occurred, and if so, whether it was intentional, automated, or linked to device replacement.

Commission pledges further review

In response to the ruling, the European Commission issued a statement saying it will study the decision and “adopt a new decision providing a more detailed explanation” addressing The New York Times' original request.

“Transparency has always been of paramount importance for the Commission and President von der Leyen,” the statement read. “We will continue to strictly abide by the solid legal framework in place to enforce our obligations.”

Nonetheless, the Court’s decision underscores persistent concerns about record-keeping and accountability within EU institutions. The Commission now has two months to appeal the ruling.

With its ruling, the European Court of Justice has reinforced the legal principle that transparency applies equally to modern communication methods used by top officials. The outcome marks a rare but clear judicial rebuke of the EU executive’s handling of high-stakes vaccine negotiations.

Stay tuned to The Horizons Times for further developments on the EU’s transparency obligations and institutional accountability.