The European Commission has been criticized for not providing the public with adequate information about the deals to purchase COVID-19 vaccines from pharmaceutical companies during the pandemic. This criticism comes from a decision by the Court of the European Union (CJEU), announced today.

The court's decision is particularly significant as it comes just a day before the European Parliament in Strasbourg is set to vote on Ursula von der Leyen’s candidacy for a second term as President of the European Commission. These contracts were signed during von der Leyen’s tenure.

A group of "green" MEPs brought the case after the EC refused to grant full access to the vaccine contracts with manufacturers. The pandemic has highlighted issues of transparency in negotiations between the EU and large pharmaceutical companies. The commission was authorized by member countries to manage the joint purchase of vaccines during the pandemic.

The Court stated that the public procurement of vaccines for all 27 member states enabled the EU to quickly mobilize 2.7 billion euros for over 1 billion doses. In 2021, a group of MEPs demanded full details of these agreements, but the EC only provided partial access to some contracts and documents, publishing redacted versions online. The commission also refused to disclose the costs of the vaccine doses, citing privacy concerns in the contracts.

Following this, MEPs from the Greens/European Free Alliance (EFA) brought the case to the Court of Justice of the EU. The judgment noted that the EC did not adequately consider all relevant circumstances to properly assess all the interests involved. The commission had to balance the public's right to information with the legal requirements from the vaccine contracts, which could lead to claims for damages against taxpayers.

The EC has stated it reserves the right to explore legal options but has not specified what these will be.

The court's decision is a significant blow to Ursula von der Leyen's ambitions for a second term as President of the European Commission. Her candidacy is to be voted on by the European Parliament in Strasbourg. To be re-elected, von der Leyen needs the votes of 361 out of a total of 720 MPs.

Technically, this should be achievable since the three main pro-European forces in the EP—the European People's Party (EPP), the Progressive Alliance of Socialists and Democrats (S&D), and the liberal group "Renew Europe" (RE)—support her. Together, these groups have just over 400 MPs.

However, voting is secret, and some delegations, like France's "Republicans" in the EPP group, have stated they will not support von der Leyen. Liberals and socialists have demanded she not cooperate with the far-right European Conservatives and Reformists (ECR) group. The two far-right groups, "Patriots for Europe" and Europe of Sovereign Nations (ESN), are firmly against von der Leyen. Consequently, she will likely need support from the moderate Greens.