Gotcha! EU Commission's SMS Chats Under the Microscope Again after Court Ruling
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Unsuccessful SMS Vaccine Agreement: Court Ruling Against von der Leyen - Text Message Vaccine Agreement
In a significant blow to EU Commission President Ursula von der Leyen, the "New York Times" scored a clear victory in a court battle for access to SMS messages between the Commission head and Pfizer CEO Albert Bourla. The court found that von der Leyen and Bourla exchanged texts relating to the multi-billion-euro Covid-19 vaccine deal, and the Commission's justification for not disclosing these messages was deemed insufficient [1][3].
This legal win is hailed as a triumph for transparency and accountability in the European Union. The ruling warns authorities that ephemeral communication, like SMS chats, will not escape public scrutiny [4].
The crux of the dispute revolves around a spring 2021 vaccine deal between the Commission and vaccine manufacturer Biontech/Pfizer, worth up to 1.8 billion doses and estimated at 35 billion euros at the time [5]. The "New York Times" journalist, along with the newspaper, requested all text messages exchanged between the two powerhouses between January 1, 2021, and May 11, 2022 [5].
The Commission initially claimed it did not possess such documents [5]. However, the judges regarded the Commission's responses as based "either on hypotheses or on changing or inaccurate information." They challenged the Commission to explain why the messages were no longer in their possession or, if deleted, provide an explanation [4].
Greens in the European Parliament have sounded the alarm, urging von der Leyen to cease the cover-up related to her mobile phone's messages. "The cat-and-mouse game on von der Leyen's phone must come to an end," stated Daniel Freund of the Greens. "Official messages must be systematically stored, archived, and disclosed if necessary" [5].
The EU's General Court ruled that Ursula von der Leyen misled the public regarding the existence of SMS messages that could have shed light on critical aspects of the EU's vaccine procurement deals. This ruling will undoubtedly fan the flames of debate surrounding transparency and accountability in the European governance [1][5].
- Transparency
- Ursula von der Leyen
- SMS
- Text messages
- EU
- Court ruling
- Pfizer
- Covid-19 vaccine
- Biontech
- Legal battle
- Journalism
- Accountability
- EU Commission
- Greens
- Mobile phone
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The current status of the legal dispute is that the European Union’s General Court (part of the Court of Justice of the European Union, CJEU) ruled on May 14-16, 2025, that the European Commission wrongly denied The New York Times access to text messages exchanged between European Commission President Ursula von der Leyen and Pfizer CEO Albert Bourla during negotiations for the EU’s Covid-19 vaccine procurement contracts [1][3][4]. The court found that the Commission failed to provide “plausible” reasons for withholding these messages and improperly claimed it did not hold the requested documents [3].
This ruling is seen as a significant victory for transparency and freedom of information advocates in Europe. It challenges the EU Commission’s previous refusal to disclose documents related to major public interest negotiations, notably during a global health crisis [1][2][3]. Transparency International and other observers emphasize that the decision should prompt the Commission to adopt a less restrictive stance on freedom of information requests, as the executive branch’s dealings affect millions of EU citizens and merit accountability [2].
However, following the ruling, the Commission stated it would study the judgment and decide on next steps, which might include an appeal to the EU’s highest court [2]. It remains unclear whether the text messages still exist or who has access to them, adding some uncertainty about the practical outcome of the ruling [2][3].
In summary, the court decision marks a landmark moment for accountability journalism and transparency in the European Union. It legally obliges the Commission to be more open about internal communications that have significant public impact, signaling an important shift toward greater openness in EU governance. Yet, the final resolution may still depend on potential appeals and the handling of the requested documents going forward [1][2][3].
- The ruling by the European Union's General Court mandates the European Commission to be more transparent in its dealings, particularly in relation to internal communications that have significant public impact, following the denial of text messages exchanged between President Ursula von der Leyen and Pfizer CEO Albert Bourla during Covid-19 vaccine negotiations.
- The victory for The New York Times in the court battle over SMS messages between von der Leyen and Bourla serves as a triumph for transparency and freedom of information advocates in Europe, promoting a shift towards greater openness in EU governance.
- The court ruling emphasizes the role of accountability in EU policy and legislation, highlighting the importance of official messages being systematically stored, archived, and disclosed if necessary, in line with the principles of science, health-and-wellness, and general news reporting.
