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EU court adviser: Public should have had more access to Covid contracts

Created at 11 Jun · 9:45 AM4 sources↑ Market-relevant3 events
IN SHORT

An adviser to Europe's top court recommended dismissing the European Commission's appeal against a ruling forcing greater public access to COVID-19 vaccine contracts. Advocate General Athanasios Rantos stated that transparency in negotiating these agreements constitutes a specific public interest under EU law.

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Key Numbers

sixadvance purchase agreements signed by Commission
2020 and 2021years of contract signings
3,000members of the public who sued

Who's Involved

Athanasios Rantos
EU court adviser who issued the opinion
European Commission
EU executive body that signed vaccine contracts
Ursula von der Leyen
Commission President involved in a separate case
Pfizer
Pharmaceutical company with an advance purchase agreement
EU court adviser: Public should have had more access to Covid contracts

↳ Why This Matters

The ruling could set a precedent for transparency in EU contract negotiations, impacting public trust and accountability in future public health procurements.

Key facts

  • An EU court adviser recommended dismissing the European Commission's appeal against a ruling on Covid-19 vaccine contract transparency.
  • Advocate General Athanasios Rantos stated the Commission should have provided greater public access to vaccine contracts.
  • Rantos recommended upholding a prior ruling that annulled the Commission's redaction of negotiator names and contract clauses.
  • The Commission argued that revealing negotiator identities could lead to harassment and abuse.
  • A separate ruling required the Commission to disclose text messages between Ursula von der Leyen and Pfizer's CEO.

An adviser to Europe's top court has recommended dismissing an appeal by the European Commission against a ruling that would force greater public access to its COVID-19 vaccine contracts. Advocate General Athanasios Rantos stated that the transparency of negotiating these agreements constitutes a specific public interest under EU law.

Rantos recommended upholding a prior ruling that annulled the Commission's decision to redact the names of negotiators and certain contractual clauses. The Commission had argued that revealing negotiator identities could expose them to abuse and harassment, and that commercial interests needed protection. However, Rantos stated the Commission's stance does not allow for accountability.

The recommendation is seen as a setback for Commission President Ursula von der Leyen, who was in leadership during the pandemic. This issue has been used to question the transparency of the EU's executive body under her leadership. In a separate, non-appealed ruling, the court previously mandated the disclosure of text messages exchanged between von der Leyen and the CEO of Pfizer during vaccine contract negotiations.

Frequently asked questions

The adviser recommended that the European Commission should have provided the public with greater access to its Covid-19 vaccine contracts.

The Commission argued that revealing negotiator identities could expose them to abuse from 'conspiracy theorists' and potential harassment.

The General Court ruled in 2024 that the Commission should have provided more details about the contracts and the people negotiating them when requested.

The Commission signed six advance purchase agreements with pharmaceutical companies during the Covid-19 pandemic.

What Happens Next

01The Court of Justice of the EU will issue a final ruling on the case.

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Cadence

How It Developed

An EU court adviser stated the European Commission should have offered more public access to its Covid vaccine contracts.
An EU court adviser recommended dismissing the Commission's appeal to keep COVID-19 vaccine contract details secret.
An EU court adviser recommended dismissing the European Commission's appeal against a ruling on Covid-19 vaccine contract transparency.
Advocate General Athanasios Rantos stated the Commission should have provided greater public access to vaccine contracts.
Rantos recommended upholding a prior ruling that annulled the Commission's redaction of negotiator names and contract clauses.
The Commission argued that revealing negotiator identities could lead to harassment and abuse.
A separate ruling required the Commission to disclose text messages between Ursula von der Leyen and Pfizer's CEO.

Sources

T1
Commission appeal in COVID vaccine contract case should be dismissed, EU court adviser saysReuters via PiQSuite
T1
The European Commission should have been more transparent with the public about its multimillion-euro Covid vaccine contracts, an EU court adviser has said. https://t.co/l0RJb7UqnP@POLITICOEurope via PiQSuite
T1
Commission's appeal against COVID vaccine contract disclosures should be dismissed, court adviser saysReuters via PiQSuite
T1
EU should have given public greater access to Covid contracts, court adviser saysPOLITICO Europe

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