In brief
The New York Times has initiated legal proceedings against the European Commission, demanding the release of text messages between the EU’s top official and Pfizer's CEO related to a significant Covid-19 vaccine deal. This case could redefine what constitutes an official document in terms of transparency laws within the EU.
The New York Times presented its legal arguments on Friday in a court in Luxembourg, seeking the release of text messages exchanged between Ursula von der Leyen, the President of the European Commission, and Pfizer chief executive Albert Bourla during negotiations for a Covid vaccine deal worth billions. The lawsuit is based on claims of the necessity for transparency and public access to government documents, which are essential for effective democratic oversight. Bondine Kloostra, the legal representative for The Times, emphasized that this case explores a critical question: Can officials sidestep transparency obligations by using text messages instead of more conventional means of communication?The European Commission, which is tasked with implementing EU laws and managing the day-to-day affairs of the Union, stated last year that it could not locate the requested text messages. They argued that text messages are ephemeral and do not require storing as official documents. The Commission has not confirmed whether they searched von der Leyen’s mobile device for the messages in question. On the opposing side, Paolo Stancanelli, representing the Commission, asserted that if any meaningful text messages between von der Leyen and Bourla had existed, they would have been documented accordingly. He further contended that the negotiations for the Covid vaccine contract were not conducted through text messaging platforms. As this landmark case unfolds, it raises significant questions about transparency, accountability, and the means by which public officials communicate, potentially impacting future governance and oversight methodologies within the European Union.



