BRUSSELS, July 17 (Reuters) - Europe's second-highest
court on Wednesday criticised the European Commission for a lack
of transparency over COVID-19 vaccine contracts four years ago,
a day before a key vote on Commission head Ursula von der
Leyen's bid for a second term.
Some European lawmakers have been highly critical of the
Commission's handling of the multibillion-euro contracts, and in
particular for not disclosing text messages between von der
Leyen and the boss of drugmaker Pfizer ( PFE ) about one of the
contracts. The Commission says she did not keep the messages.
The Commission signed deals with COVID vaccine supplies
AstraZeneca ( AZN ), Sanofi, GSK, Johnson &
Johnson ( JNJ ), BioNTech, Pfizer ( PFE ), Moderna ( MRNA )
and others at the height of the pandemic.
Some European Parliament lawmakers asked for access to the
documents to understand the terms and contracts. However, the
Commission provided only partial access and redacted some of the
documents, saying this was done to protect commercial interests
and the decision-making process.
The lawmakers took their grievances to the Luxembourg-based
General Court and judges on Wednesday upheld their challenge.
"The Commission did not give the public sufficiently wide
access to the purchase agreements for COVID-19 vaccines," they
said.
"The Commission did not demonstrate that wider access to
those clauses would actually undermine the commercial interests
of those undertakings," the court added. It also rejected the EU
executive's privacy arguments.
The Commission said it would study the court's judgments and
their implications and reserve its legal options. It can appeal
to the Court of Justice of the European Union, Europe's highest.
The Commission should now be more open about its
decision-making procedures after the judgment, said lawmaker Kim
van Sparrentak, who together with colleagues took the complaint
to the court.
"This ruling is significant for the future, as the
Commission is expected to undertake more joint procurements in
areas like health and defence," she said.
"The new Commission must now adapt their handling of access
to documents requests to be in line with today's ruling."
The European Parliament is due to vote on Thursday on von
der Leyen's bid for a second five-year term.
The European Ombudsman in 2022 accused the Commission of
maladministration for not disclosing von der Leyen's text
messages with Pfizer ( PFE ) chief Albert Bourla.
The New York Times has sued the Commission over its failure
to release the text messages.
The cases are T-689/21 Auken and Others v Commission and
T-761/21 Courtois and Others v Commission.