The European Commission (EC) has faced significant backlash after a decision by the Luxembourg court stated that it erred in blocking access to secret text messages between its president, Ursula von der Leyen, and Pfizer CEO, Albert Bourla. This ruling could have major implications for transparency and accountability within the EU, significantly affecting von der Leyen’s reputation.
During the COVID-19 pandemic, the EC was requested to release text communications exchanged between von der Leyen and Bourla that occurred prior to a multi-billion euro vaccine agreement with Pfizer. The court emphasized the importance of transparency in democratic processes, noting the need for the public to know how policy decisions are made, including through text messages.
The court criticized the Commission for failing to convincingly justify why these messages did not contain crucial information warranting public release. The central issue at hand is whether these text messages should be categorized as official documents eligible for publication, an argument being advocated by transparency advocates. In contrast, the Commission argued that such informal communications should not be treated on par with other official documentation related to policymaking.
Following the ruling, the EC asserted that transparency is vital, and it will continue to adhere to the existing legal framework. However, it acknowledged the need to consider its next steps.
The existence of the text messages was first disclosed in a 2021 New York Times interview where von der Leyen described her communications with Bourla, indicating that they fostered a “deep trust” which contributed to the substantial vaccine deal. This agreement, finalized in May 2021, involved the EU committing to purchase up to 1.8 billion doses of the Pfizer-BioNTech vaccine, marking it as the largest of its kind within the EU.
The legal complexities of this case for von der Leyen are substantial, as she not only signed the significant vaccination contract but also heads an institution mandated to enforce principles of transparency and accountability in EU legislation. The court’s decision offers political ammunition to her critics.
This situation represents a considerable embarrassment for von der Leyen, especially following her recent public commitments to uphold transparency and integrity standards in her second term. The legal proceedings commenced after The New York Times and a former Brussels bureau chief filed a lawsuit against the EC’s decision not to disclose the text messages in 2022.
