Asger Risom
The European General Court says the Commission must disclose communications related to COVID-19 vaccine contracts.
The debate over transparency and accountability at the highest levels of the European Union has reached a new climax.
On Wednesday, a landmark decision from the European General Court dealt a significant blow to the Commission and its president, Ursula von der Leyen.
Court Orders Disclosure of Vaccine Negotiation Texts
The ruling follows a lawsuit brought by The New York Times, demanding access to text messages exchanged between von der Leyen and Pfizer CEO Albert Bourla during critical negotiations for COVID-19 vaccine purchases in 2021. As reported by 20minutos, the court found the Commission had failed to explain why such documents were unavailable.
The Commission had previously claimed no records matching the request were found and argued that messages of “no relevance” are not archived under internal rules.
However, the Court stated that under EU transparency laws, all documents—including text messages—must be considered public unless compelling reasons dictate otherwise.
The judges criticized the Commission for not clarifying whether the messages were deleted, whether deletion was voluntary or automatic, or whether von der Leyen’s phone had been replaced during the period in question.
The court concluded that no plausible explanation had been provided.
Fallout and Commission Response
This ruling marks one of the sharpest legal setbacks for von der Leyen since taking office. The controversy began in 2021 when it was revealed that von der Leyen had privately exchanged texts with Bourla while negotiating a multibillion-euro vaccine contract.
The incident sparked criticism from watchdog organizations and some MEPs over a lack of formal documentation.
The European Public Prosecutor’s Office (EPPO) and the EU Ombudsman later launched inquiries into potential misconduct, including possible destruction of public records.
In response to the judgment, the Commission released a statement acknowledging the decision: “The General Court does not question the Commission’s record-keeping policy. However, the Commission will study the judgment closely and determine next steps. Transparency has always been of vital importance to the Commission and President von der Leyen.”
The case remains a defining moment for EU transparency and institutional accountability amid lingering doubts about the COVID-19 contract negotiations.