Overview

• The Court of Justice of the European Union is set to decide whether the European Commission breached transparency laws by not archiving or releasing text messages between Ursula von der Leyen and Pfizer’s CEO during Covid-19 vaccine negotiations.
• The Commission argued the texts were not archived because they were not deemed 'substantive,' a claim central to the legal challenge brought by The New York Times in 2023.
• The EU Ombudsman previously labeled the Commission’s handling of the records request as 'maladministration,' stating the texts should have been subject to transparency rules.
• The ruling will not force the disclosure of the messages but may clarify whether such communications qualify as official documents under EU law.
• Critics argue the case highlights institutional blind spots in EU governance, while defenders of von der Leyen emphasize the urgency of securing vaccines during a global crisis.