Joined CJEU Cases T-689/21 & T-761/21 | Auken and Others v Commission & Courtois and Others v Commission

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Publication Date 2021-2024
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Summary:

Compilation of information resources focusing on on Cases T-689/21 & T-761/21 from the Court of Justice of the European Union (CJEU), as regards access to documents, notably to the purchase agreements for COVID-19 vaccines.

Further information:

In 2020 and 2021, purchase agreement for COVID-19 (coronavirus) vaccines were concluded between the European Commission and some pharmaceutical undertakings. In 2021, some members of the European Parliament (MEPs) and private individuals requested, on the basis of Regulation (EC) No 1049/2001, access to those agreements and to certain related documents so that they could understand their terms and conditions and satisfy themselves that the public interest was protected.

The Commission granted partial access to those documents, which were put online in redacted versions, leading those MEPs and individuals to bring actions for annulment before the General Court within the CJEU in late 2021. On 17 July 2024, the General Court determined that the Commission did not give the public sufficiently wide access to the purchase agreements for the vaccines. That infringement notably concerns the provisions on indemnification, and the declarations that there was no conflict of interest on the part of the members of the team who negotiated the purchase of the vaccines.

These cases are separate from CJEU Case T-36/23, which also relates to access to documents in the context of vaccine purchase agreements. The different judicial proceedings relating to the purchasing of COVID-19 vaccines by the European Commission have been widely covered by media outlets under the Pfizergate.

Related Links
News
EurActiv, 29/10/2021: MEPs vs Commission in court over vaccine contracts https://www.euractiv.com/section/coronavirus/news/meps-vs-commission-in-court-over-vaccine-contracts/
Euronews, 12/07/2024: EU Court to rule on vaccine controversy ahead von der Leyen’s crucial confirmation vote https://www.euronews.com/health/2024/07/12/eu-court-to-rule-on-vaccine-controversy-ahead-von-der-leyens-crucial-confirmation-vote
Politico, 17/07/2024: Von der Leyen loses court case in blow to her 2nd term bid https://www.politico.eu/article/eus-top-court-rules-against-european-commission-in-vaccine-contracts-transparency-case/
EurActiv, 17/07/2024: EU Court of Justice slams Commission for lack of transparency over COVID vaccines contracts https://www.euractiv.com/section/justice-home-affairs/news/eu-court-of-justice-slams-commission-for-lack-of-transparency-over-covid-vaccines-contracts/
Reuters, 17/07/2024: EU court criticises EU Commission's handling of COVID-19 contracts https://www.reuters.com/world/europe/eu-court-criticises-eu-commissions-handling-covid-19-contracts-2024-07-17/
Euronews, 17/07/2024: Von der Leyen Commission loses COVID vaccine transparency case ahead of crucial vote https://www.euronews.com/my-europe/2024/07/17/von-der-leyen-commission-loses-vaccines-contracts-transparency-case-on-eve-of-crucial-vote
EUObserver, 17/07/2024: Commission wrong not to publish Covid vaccine deals, rules EU top court https://euobserver.com/news/arcfabc0b5
Luxembourg Times, 17/07/2024: EU court rules against Commission over Covid-19 vaccine contracts https://www.luxtimes.lu/europeanunion/eu-court-rules-against-commission-over-covid-19-vaccine-contracts/16113319.html

Official
Court of Justice of the European Union (CJEU): CURIA: Case T-689/21 | Auken and Others v Commission https://curia.europa.eu/juris/documents.jsf?num=T-689/21
Court of Justice of the European Union (CJEU): CURIA: Case T-761/21 | Courtois and Others v Commission https://curia.europa.eu/juris/documents.jsf?num=T-761/21
Greens/EFA EP Group: Press Release, 22/04/2022: Access to information: five Greens/EFA MEPs launch legal action on vaccine contract transparency https://www.greens-efa.eu/en/article/press/access-to-information-five-greens-efa-meps-launch-legal-action-on-vaccine-contract-transparency
Court of Justice of the European Union (CJEU): Press Release No 113/24, 17/07/2024: Judgments of the General Court in Cases T-689/21 | Auken and Others v Commission and T-761/21 | Courtois and Others v Commission https://curia.europa.eu/jcms/upload/docs/application/pdf/2024-07/cp240113en.pdf
European Commission: Statement by the Commission on the General Court's judgments on the access to documents cases concerning the purchase agreements for COVID-19 vaccines (17 July 2024) https://ec.europa.eu/commission/presscorner/detail/en/statement_24_3866

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