In brief
By demanding access to text messages, the case questions the integrity of governmental transparency as it relates to public health negotiations.
The New York Times has formally initiated legal proceedings against the European Commission, seeking the release of text messages exchanged between Ursula von der Leyen, the Commission’s president, and Pfizer’s CEO, Albert Bourla. This request stems from the negotiations surrounding a significant multibillion-euro Covid-19 vaccine contract. At the core of the lawsuit lies the critical debate over whether these text messages should be classified as official documents that fall under European Union transparency laws. In court, Bondine Kloostra, the lawyer representing The Times, underscored the fundamental importance of transparency in democratic governance, saying, “This case represents a critical issue: whether officials can circumvent public transparency by opting to communicate via text messages.” The New York Times previously filed a freedom of information request last year, hoping to shed light on the discussions between von der Leyen and Bourla that shaped the EU’s response to the pandemic. The European Commission has previously maintained that it could not locate these text messages, arguing they were deemed “ephemeral” and therefore exempt from standard document retention protocols. Moreover, the Commission has not clarified whether any investigation was done to search von der Leyen’s communication device for the messages.During the court hearing, Paolo Stancanelli, representing the European Commission, asserted that any meaningful text exchanges between the two had likely been formalized as documents and dismissed the notion that von der Leyen and Bourla conducted negotiations via text messaging. As this pivotal case unfolds, its outcome may influence future standards regarding governmental accountability and accessibility in the context of public health and safety communications.
