New York Times Challenges European Commission Over Covid Vaccine Text Messages

In a significant legal challenge, The New York Times has filed a lawsuit against the European Commission, seeking the disclosure of text messages between the EU’s president, Ursula von der Leyen, and Pfizer CEO, Albert Bourla, during their discussions on a Covid-19 vaccine agreement. Lawyers for The Times argue that access to these communications is vital for transparency and public oversight in government operations.The case raises fundamental questions about what constitutes an official document within the European Union’s framework. Bondine Kloostra, an attorney representing The Times, emphasized the importance of public access to government interactions, arguing that officials should not be able to circumvent transparency by using informal means of communication such as text messages. Kloostra stated, “This case presents a very important issue: whether officials may evade public transparency by communicating via text messages rather than more traditional means.”The lawsuit follows a freedom of information request submitted by The Times in 2022, which sought to obtain the text messages amidst suspicions surrounding the negotiations for the multibillion-euro vaccine deal. The European Commission had previously indicated that it could not locate the relevant messages and characterized text conversations as "ephemeral" documents that did not require registration or storage. However, questions remain about whether a documented search was conducted for text communications on von der Leyen's phone.In defense, Paolo Stancanelli, the Commission’s lawyer, maintained that any pertinent messages would have been registered if they indeed existed, adding that the negotiations for the Covid vaccine deal were handled through traditional communication channels, not text messaging.As the case unfolds, it could have far-reaching implications for transparency policies within the European Union and beyond, potentially redefining how government communication is monitored and disclosed to the public in future negotiations.