The General Court of the European Union on Wednesday annulled the European Commission’s decision to restrict access to key provisions of its COVID-19 vaccine purchase agreements. This decision followed a case initiated by several Members of the European Parliament (MEPs) who argued that the Commission’s redactions violated principles of transparency and public interest.
During the COVID-19 pandemic, the EU Commission, as part of its vaccine strategy, was responsible for negotiating purchase agreements worth approximately €2.7 billion for around 1 billion vaccine doses on behalf of EU member states. Notable agreements were signed with pharmaceutical giants such as AstraZeneca, Sanofi-GSK, Johnson & Johnson, BioNTech-Pfizer, CureVac, Moderna, and Novavax.
The contentious issue arose when MEPs asked for access to the agreements, but the Commission provided only redacted versions. The Commission cited Article 4 of Regulation No 1049/2001, which allows for exceptions to document disclosure based on privacy, decision-making, and commercial interests.
The MEPs contended that transparency was essential to bolster public trust in the vaccine strategy and ensure effective vaccination campaigns, arguing that public interest during the pandemic should take precedence over commercial interests. They also highlighted inconsistencies in the redactions by the Commission, claiming an infringement of the principle of good administration.
The General Court found that the Commission’s redactions were irregular but annulled the decision only partially. Specifically, the court ordered the disclosure of definitions such as “wilful misconduct” and “best reasonable efforts,” as well as provisions related to the donations and resales of vaccine doses to third countries. The court concluded that the Commission failed to prove that releasing this information would harm commercial interests.
However, the claim that the Commission breached the principle of good administration was dismissed by the court. Each agreement was considered independently, and the MEPs did not adequately demonstrate how the disclosure would enhance public trust in vaccines.
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