European Commission ordered to release all fully unredacted COVID-19 vaccine contracts after landmark ruling.

Brussels, Belgium — In a landmark ruling issued on July 17, 2024, the General Court of the European Union has ordered the European Commission to fully disclose the COVID-19 vaccine contracts it signed with several pharmaceutical companies.

This decision comes after a protracted legal battle initiated by several Members of the European Parliament (MEPs) who sought greater transparency regarding the terms and conditions under which the vaccines were procured.

The case was brought forward by MEPs Margrete Auken, Tilly Metz, Jutta Paulus, and Kimberly van Sparrentak, along with Emilie Mosnier, the heir of the late MEP Michèle Rivasi. The applicants were represented by lawyer B. Kloostra. They challenged the European Commission's decision to grant only partial access to the contracts, arguing that the redactions were excessive and unjustified.

On 15 February 2022, the European Commission, represented by Agents G. Gattinara and A. Spina, had issued Decision C(2022) 1038 final, which granted the applicants partial access to the advance purchase and purchase agreements for COVID-19 vaccines. The Commission cited the protection of commercial interests and personal privacy as the reasons for the redactions.

The General Court's Fifth Chamber, composed of President J. Svenningsen, Rapporteur C. Mac Eochaidh, and Judge J. Martín y Pérez de Nanclares, examined the case in detail. The court scrutinized the Commission’s application of Regulation (EC) No 1049/2001, which governs public access to European Parliament, Council, and Commission documents.

In its judgment, the court found that the Commission had improperly applied the exceptions related to the protection of commercial interests. The court noted that many of the redacted elements, such as definitions of key terms and provisions regarding timelines for audits, data storage, expenses for post-launch safety studies, donations, resales, and liability regimes, did not warrant such protection.

The applicants argued, and the court agreed, that the context of the COVID-19 pandemic necessitated a higher degree of transparency, especially given the substantial public funds used for vaccine development and procurement.

The court emphasized that the public interest in understanding the terms of these significant contracts outweighed the Commission's concerns about commercial confidentiality.

The General Court’s ruling represents a significant victory for transparency and accountability within the European Union. It underscores the importance of public access to information, particularly in matters of substantial public interest such as the procurement of COVID-19 vaccines.

The European Commission has been ordered to release the full, unredacted versions of the contracts, providing the public and MEPs with a clearer understanding of the agreements.

You can review the court ruling at the link below.

https://drive.google.com/file/d/1jBdsKMhYdYqJD3ypVB75__LV7v92eU3R/view?usp=sharing