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Commission ‘failed to explain’ Pfizer texts stance

An EU court has annulled a European Commission decision to refuse a journalist access to text messages exchanged between commission president Ursula von der Leyen and the chief executive of Pfizer.

Matina Stevi, a journalist working for the New York Times, has asked the commission to provide access to all text messages exchanged between von der Leyen and Albert Bourla between 1 January 2021 and 11 May 2022.

The EU body had rejected the application on the grounds that it did not hold the documents covered by it.

The journalist’s request was made under the Access to Documents Regulation.

‘Consistent evidence’

In its judgment today (14 May), the lower General Court said that, in cases where an EU institution stated that a document did not exist in the context of an application for access, the non-existence of that document was presumed.

“That presumption may, however, be rebutted on the basis of relevant and consistent evidence produced by the applicant,” the judges continued.

The court described the commission’s replies to the journalist regarding the text messages as “based either on assumptions or on changing or imprecise information”.

By contrast, it said, Stevi and the New York Times had produced “relevant and consistent evidence” describing the existence of exchanges between von der Leyen and Bourla, in the context of the procurement of vaccines by the commission from Pfizer during the COVID-19 pandemic.

“They have thus succeeded in rebutting the presumption of non-existence and of non-possession of the requested documents,” the judges stated.

Important information

They concluded that the EU body had not given a plausible explanation to justify the non-possession of the requested documents.

“Moreover, the commission has not sufficiently clarified whether the requested text messages were deleted and, if so, whether the deletion was done deliberately or automatically or whether the president’s mobile phone had been replaced in the meantime,” the judgment said.

“Last, the commission has also failed to explain in a plausible manner why it considered that the text messages exchanged in the context of the procurement of COVID-19 vaccines did not contain important information or information involving follow-up, the retention of which must be ensured,” the court concluded.

'Committed' to openness

In a statement, the commission said that it would “closely study” the ruling and decide on its next steps.

It added that it would adopt a new decision providing a more detailed explanation.

“We remain fully committed to maintaining openness, accountability, and clear communication with all stakeholders – including EU institutions, civil society, and interest representatives,” the statement concluded.