Context:

A significant court ruling in Luxembourg has mandated that the European Union should not have denied a New York Times journalist access to text messages exchanged between Ursula von der Leyen and Pfizer's CEO, Albert Bourla, during Covid-19 vaccine negotiations. The court criticized the European Commission for not providing a convincing explanation for their inability to locate the messages, which were considered short-lived and unimportant by the Commission. This case raises broader questions about the transparency and accountability of public negotiations, especially concerning major public expenditures and policy decisions, at a time when von der Leyen has emphasized transparency as a key value of her leadership. The verdict is seen as a landmark decision for public scrutiny over ephemeral communications like text messages, which are increasingly used in official negotiations. The European Commission has the option to appeal the decision, while The New York Times views the ruling as a victory for transparency and accountability in the EU.

Dive Deeper:

• The court case revolved around a journalist's request for text messages between Ursula von der Leyen, President of the European Commission, and Albert Bourla, CEO of Pfizer, exchanged during Covid-19 vaccine contract negotiations in 2021.

• The European Commission denied the request, arguing that text messages are inherently short-lived and do not contain significant information warranting retention or disclosure, without explaining the extent of their search for these messages.

• The General Court in Luxembourg ruled against the commission, stating that they failed to provide adequate explanations for the absence of the messages and did not justify why such important communications were not retained.

• This ruling underscores the importance of transparency and accountability in public negotiations involving taxpayer money, particularly as it affects public policy and large procurement contracts like the one with Pfizer for 1.8 billion vaccine doses.

• The case highlights the challenge of maintaining transparency in the digital age, where ephemeral communications like text messages are frequently used for official matters, and emphasizes the need for clear guidelines on the retention and disclosure of such communications.

• The decision comes at a critical time for the European Commission, as President von der Leyen begins her second term, where promoting democracy and transparency are central to her administration's ethos.

• While the European Commission can appeal the ruling, the verdict is celebrated by The New York Times as a significant step towards ensuring that even temporary forms of communication are subject to public scrutiny and accountability.