In brief
The New York Times has taken legal action against the European Commission, arguing for the release of text messages exchanged during the negotiation of a crucial Covid-19 vaccine deal with Pfizer. This lawsuit raises significant questions about transparency and the documentation of official communications in the European Union.
The New York Times filed a lawsuit against the European Commission on Friday, seeking disclosure of text messages between Ursula von der Leyen, the Commission’s president, and Pfizer’s CEO, Albert Bourla, regarding a significant Covid-19 vaccine contract. The case is pivotal in determining whether such communications should be considered official documents under EU transparency laws.Bondine Kloostra, a lawyer for The Times, stressed the importance of transparency in promoting democratic oversight, stating, "This case presents a very important issue: whether officials may evade public transparency by communicating via text messages rather than more traditional means." The controversy stems from the Commission's previous assertion that it could not locate the relevant text messages and its policy designating them as “ephemeral” documents, which do not require registration or storage. There has been no confirmation if a search of Ms. von der Leyen’s phone was conducted to find these communications.In contrast, Paolo Stancanelli, representing the European Commission, contended that if significant text messages existed, they would have been logged as official documents. He argued that the negotiations for the Covid vaccine contract did not occur through text exchanges. This legal battle could set a precedent regarding the public’s right to access information on governmental processes, especially relating to pandemic response efforts and their multi-billion euro financial implications. The outcome may redefine the boundaries of what constitutes official documentation within the EU.
