Poland appeals 5.6 billion PLN ruling in dispute with Pfizer over undelivered vaccines

Poland is contesting a Brussels court's decision that mandates the payment of approximately 5.6 billion Polish zloty (PLN) to pharmaceutical giants Pfizer and BioNTech. The Ministry of Health announced that the State Treasury, represented by the Health Minister, has lodged an appeal against the April 1 ruling. Simultaneously, Poland has requested a temporary suspension of the judgment's enforceability until the appeal is heard.

The Ministry argues that the initial court ruling failed to adequately consider all relevant factual and legal circumstances of the case. Consequently, it has been brought before the appropriate appellate court. To safeguard the integrity of the proceedings and protect the state's legal interests, the Ministry of Health has stated it will not disclose specific details regarding the appeal's arguments, the basis for the stay of execution request, the evidence presented, or the litigation strategy. This information is being kept confidential to ensure the effectiveness of Poland's legal actions.

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The Minister of Health consistently fulfills his statutory tasks related to public health protection and the rational and responsible management of public funds allocated for the state's health protection tasks.

The dispute originated from Poland's decision in 2022 to cease accepting further deliveries of COVID-19 vaccines. The country cited reasons such as an oversupply of vaccines, a shift in the pandemic situation, and the impact of the war in Ukraine. Pfizer and BioNTech subsequently sued Poland, demanding adherence to the contract and payment for roughly 60 million undelivered doses.

The Brussels court, however, did not accept Ukraine's war or the decline in infections as valid grounds for altering or nullifying the obligations to Pfizer. It also dismissed Poland's arguments concerning the company's alleged abuse of a dominant market position and claims of irregularities in the contract's formation. Poland maintains its right to utilize all available legal defense mechanisms, with support from the General Counsel's Office of the Republic of Poland and specialized law firms, aiming to protect state treasury interests, public good, and the healthcare system's security.

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The court of first instance did not take into account all the significant factual and legal circumstances of the case.