EU defends transparency after court ruling on von der Leyen’s Pfizer texts

Brussels, May 14 (EFE).— The European Commission on Wednesday defended its transparency record during pandemic-era vaccine negotiations with Pfizer.

The hardened posture came after a European Union court ruled that Brussels should have disclosed text messages exchanged between Commission President Ursula von der Leyen and Pfizer CEO Albert Bourla.

The ruling came after journalist Matina Stevis of The New York Times requested the messages under EU transparency rules, seeking communications between von der Leyen and Bourla from Jan. 1, 2021, to May 11, 2022.

The commission denied the request, saying it could not locate any ed documents matching the description.

At a press conference, commission spokesperson Paula Pinho said officials had conducted a double check but found no relevant records.

However, the General Court of the European Union (GCEU) rejected that argument, stating that “the commission cannot simply state that it does not have the requested documents but must present credible explanations” to that claim.

The court further noted that the commission had failed to plausibly explain whether the messages had been deleted, intentionally or automatically, or whether von der Leyen’s mobile phone had been replaced during the time in question.

It also questioned why such messages, linked to high-level negotiations on vaccine procurement, were not deemed important enough to be preserved.

In response, Pinho emphasized that internal commission guidelines discourage the use of mobile text messages for non-ephemeral, important information.

She said that in exceptional and extremely necessary cases, there are two ways to ensure proper documentation: either by transferring their content to email or by saving a scan on an appropriate medium.

She acknowledged that the Commission had not explained this clearly enough in its initial response to the court and said it would now provide more detailed justification.

“The commission will now closely study the court’s decision and decide on next steps. To this effect, the commission will adopt a new decision providing a more detailed explanation,” said Pinho.

Pinho also highlighted that the Commission had updated its transparency rules, originally established in 2001, so that now all non-ephemeral content containing significant information must be officially recorded.

She differentiated the personal exchanges between von der Leyen and Bourla from the formal vaccine procurement process, stressing that the contracts were negotiated transparently through a management board that included representatives from both the commission and EU member states. “Everyone had a say in the contracts,” she said.

Reactions from the Left

The ruling was welcomed by Green MEP Tilly Metz, who said it “clearly demonstrates that transparency and democratic ability should not be exercised behind the scenes in the European Union.”

The co-chair of The Left also called it “a victory for transparency in the European institutions.”

Transparency International echoed the sentiment, saying the decision should serve as a “catalyst” for the commission to reconsider its restrictive stance on access to public information. EFE

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