🗓️ Published: May 14, 2025
đź“Ś Overview
In a significant decision on May 14, 2025, the European Union’s General Court ruled that the European Commission acted unlawfully by refusing to disclose text messages exchanged between Commission President Ursula von der Leyen and Pfizer CEO Albert Bourla during the 2021 COVID-19 vaccine negotiations. The court found that the Commission failed to provide a credible explanation for the absence of these messages, thereby breaching EU transparency laws.
📱 The Controversy: ‘Pfizergate’ Unveiled
The term “Pfizergate” emerged following revelations that President von der Leyen had engaged in direct communications with Pfizer’s CEO, Albert Bourla, via text messages during the negotiation of a substantial vaccine contract. This contract, finalized in May 2021, involved the purchase of up to 1.8 billion doses of the Pfizer-BioNTech COVID-19 vaccine, valued at approximately €35 billion.
The New York Times sought access to these messages under EU transparency laws, but the Commission claimed it could not locate them and argued they were not subject to disclosure due to their “ephemeral nature.”
⚖️ Court’s Ruling: Upholding Transparency
The General Court dismissed the Commission’s arguments, stating that the refusal to disclose the messages violated the EU’s principles of good administration. The court emphasized that the Commission did not conduct a thorough search for the messages and failed to provide a plausible explanation for their absence.
The ruling underscores that even informal communications, such as text messages, can constitute official documents subject to public access under EU law.
🧾 Implications for EU Governance
This decision has far-reaching implications for the European Union’s commitment to transparency and accountability. It sets a precedent that digital communications by EU officials, including text messages, are subject to public scrutiny.
Transparency advocates have hailed the ruling as a victory for open governance. However, the Commission has indicated it may appeal the decision, which could delay the release of the messages.
🔍 Ongoing Investigations and Political Repercussions
The controversy has prompted further investigations into the EU’s vaccine procurement processes. In October 2022, the European Public Prosecutor’s Office (EPPO) confirmed an ongoing investigation into the acquisition of COVID-19 vaccines in the EU.
Additionally, in April 2023, Belgian lobbyist Frédéric Baldan filed a lawsuit against von der Leyen, accusing her of overstepping her authority and engaging in corrupt practices during the vaccine negotiations. The case has garnered support from several EU member states, including Hungary and Poland.
🧠Conclusion
The General Court’s ruling marks a pivotal moment in the EU’s pursuit of transparency and accountability. It reinforces the principle that all official communications, regardless of format, are subject to public access laws. As the Commission considers its next steps, the case serves as a reminder of the importance of openness in public administration.
