Context:

A court ruling in Luxembourg has determined that the European Union should have granted a journalist's request for access to text messages exchanged between Ursula von der Leyen, the European Commission's president, and Pfizer's CEO, Dr. Albert Bourla, during Covid-19 vaccine negotiations. The case challenged the commission's stance that text messages are 'short-lived' and not subject to transparency laws, arguing they should be disclosed as public records. The judges concluded that the Commission failed to provide a credible explanation for not retaining or finding the requested messages, emphasizing the importance of transparency and accountability. This decision may influence future transparency rules, highlighting the significance of public awareness in negotiations affecting taxpayer money and public policy. The commission, which can appeal the verdict, has been urged to provide a more detailed explanation of their decision-making regarding the messages.

Dive Deeper:

• The court case arose from the European Commission's refusal to release text messages exchanged between Ursula von der Leyen and Pfizer's CEO, which were requested by a New York Times journalist during Covid-19 vaccine contract negotiations in 2021.

• The central issue was whether these text messages were covered by E.U. transparency laws and should be disclosed as public records, given their relevance to public health and significant taxpayer expenditure.

• The General Court in Luxembourg ruled against the European Commission, stating that it failed to provide a credible explanation for why the messages could not be found or why they were deemed unimportant despite being part of major vaccine procurement discussions.

• The ruling highlighted concerns about transparency and accountability within the European Union, emphasizing that even 'ephemeral' communications like text messages are not exempt from public scrutiny.

• The case has broader implications for transparency rules in the digital era, as it underscores the necessity for public access to government communications that influence policy and involve significant public spending.

• The European Commission, criticized for its handling of transparency in vaccine negotiations, published redacted agreements but did not release full contract terms, citing the need to balance public disclosure with legal obligations.

• The controversy over the text messages has exacerbated existing concerns about the commission's commitment to transparency, particularly as von der Leyen begins her second term, with democracy and transparency being central to her leadership values.