Court adviser says EU appeal over COVID vaccine contracts should be dismissed

An adviser to the European Union’s top court said on Thursday that the European Commission’s appeal against a 2024 ruling, which required disclosure of information on COVID-19 vaccine contracts, should be dismissed.

During the pandemic, the Commission negotiated multi-billion-euro agreements with companies including Pfizer and BioNTech on behalf of the 27-member bloc. While some contract details and the names of negotiation team members were redacted, the General Court ruled that this violated transparency requirements.

Advocate General backs transparency

Advocate General Athanasios Rantos stated that the General Court was correct in recognising that the negotiation of COVID-19 vaccine contracts serves a “specific purpose in the public interest” under EU law.

Rantos added that the Commission’s approach in both cases “does not allow accountability.” His opinion is advisory and not legally binding, but it is influential in shaping the court’s final decision.

The Commission said it noted Rantos’ opinion and will await the court’s outcome.

Setback for von der Leyen’s Commission

The recommendation represents a setback for Commission President Ursula von der Leyen, who led the EU executive during the pandemic. Critics have long argued that her leadership lacked transparency.

In a related case, the General Court ruled in 2025 that the Commission must release text messages between von der Leyen and Pfizer’s CEO during vaccine negotiations. The Commission failed to provide credible reasons for withholding the texts, which von der Leyen said she no longer possesses, and it did not appeal that ruling.

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