EU Lawyer Reaffirms Brussels Lacked Transparency in Vaccine Purchase Deals

An Advocate General of the European Union's Court of Justice has reinforced the view that the European Commission failed to provide adequate public information regarding its COVID-19 vaccine purchase contracts. The advisor's opinion, released Thursday, dismisses the Commission's defenses concerning the anonymity of negotiators and clauses that indemnify pharmaceutical companies.

This legal opinion stems from the Commission's appeal against an earlier ruling by the EU's General Court. In July 2024, the General Court initially found the Commission's handling of vaccine contracts, worth approximately 2.7 billion euros in 2020 and 2021, to be opaque. The case originated in 2021 when members of the European Parliament and private citizens sought access to contracts signed with pharmaceutical firms, but Brussels provided only partial access, withholding names of negotiators and specific indemnification terms.

The Advocate General's opinion supports the original court's stance, asserting that transparency in the negotiation process holds public interest. This suggests that the names of negotiators should be made public, despite the Commission's concerns about privacy and the integrity of those involved. The opinion argues that simply disclosing anonymized conflict-of-interest declarations is insufficient to verify the impartiality of the negotiation teams.

Furthermore, the advisor rejected the Commission's claim that publicizing indemnification clauses could lead to strategic abuses or increase liability risks for the pharmaceutical companies. The opinion clarifies that these clauses primarily concern reimbursement mechanisms between member states and the companies after liability is established, rather than affecting how companies are held responsible to third parties. While the Advocate General's conclusions are not legally binding, they provide a strong recommendation for the final judgment by the Court of Justice of the EU.