EU Court Rebukes Commission in ‘Pfizergate’ Ruling: A Win for Transparency

Europe

In a landmark judgment lauded as a triumph for democratic transparency, the European Union’s General Court ruled that the European Commission failed to provide a credible justification for withholding text messages exchanged between Commission President Ursula von der Leyen and Pfizer CEO Albert Bourla. The case—popularly dubbed “Pfizergate”—centers around the Commission’s refusal to release communications related to multi-billion-euro COVID-19 vaccine purchase agreements, reported by Euro News.

Sparked by a 2021 New York Times exposé that revealed the existence of direct negotiations via text between von der Leyen and Bourla, the publication formally requested access to the messages. The Commission declined, arguing that such messages were “short-lived” and not subject to its document retention rules.

The General Court firmly rejected that claim, asserting that the Commission must offer a substantive and plausible explanation if it claims not to possess such documents. Merely stating that they were not recorded is, the Court found, an insufficient rationale.

“This decision is a victory for transparency and accountability in the European Union,” stated a spokesperson for The New York Times, calling the ruling a powerful precedent that ensures even ephemeral communications fall under the umbrella of public scrutiny.

European Ombudsman Emily O’Reilly, who previously condemned the Commission’s handling of the case as maladministration, welcomed the judgment as further affirmation that access to documentation is a cornerstone of EU governance. “If institutions fail to document key decisions, the right to public oversight is rendered meaningless,” she warned.

MEP Tilly Metz, who has also challenged the Commission on vaccine contract transparency, echoed these sentiments, warning of the dangers when public decisions are clouded in secrecy. “Democracy demands daylight, not redacted pages,” she said.

The Commission, which has two months to appeal, stated that it will “carefully study” the ruling and issue a more detailed response to the original request. A spokesperson insisted that transparency remains a “core value” and that legal obligations will be upheld.

Meanwhile, watchdog groups like Transparency International have urged the Commission to use this moment to rebuild public trust and enshrine transparency as standard—not exception.