Court aspects with the New York Times in the case to reach the text messages of the European Union

In the ruling that can help form the extent of the European Union’s transparency, it should be in matters of public interest, the judges said on Wednesday that the bloc should not have denied the journalist’s request to obtain a major set of text messages that were exchanged as a bloc that was negotiated with a Coronverus virus vaccine.

The ruling was issued by the European Union Supreme Court, the General Court, Luxembourg, in a case filed by the New York Times against the European Commission in 2023.

The case focused on the committee’s decision not to release text messages between Ursula von der Lin, Chairman of the Committee, and CEO of Faizer, Albert Burla, which the two exchanged in 2021 during the conclusion of the Covid-19 vaccine deal.

The legal question at the heart of the issue was whether text messages are documents under the European Union law, and in cases that are likely to be kept and detected. The committee argued that The text messages were “short -lived” Thus, it was not covered with the requirements of the mass transparency.

“The committee cannot only mention that it does not keep the required documents, but it must provide reliable interpretations that enable the public and the court to understand the reason for not finding these documents.” The court judges said in their decision.

They added: “The committee also failed to explain it in a reasonable way. Why was it considered that mutual text messages in the context of buying Covid-19 vaccines did not contain important information.”

The European Commission can now resume the case, if it chooses to do so.

The case raised questions about the amount of information that the public must obtain about the negotiations that cost the money of taxpayers and the formation of public policy, and can put a legal precedent for what is considered an official document in the European Union.

It can also have effects on the European Commission’s reputation to detect in an important moment. Mrs. von der Lynne started her second term for five years as a leader of the committee, the arm of the executive bloc, late last year, and she stands on basic values ​​such as democracy and the key to transparency for its image.

“It is a state of transparency, but in the end, it is a state of accountability,” said Nick Ayssa, director of the European Union International Transparency Group, a anti -corruption group.

The ruling is the coronation of years from behind.

The Times It was mentioned in April 2021 Mrs. von der Layen and Dr. Burla were the exchange of texts and invited for a month while negotiating to secure the arrival of the European Union to vaccines.

After reading this article, Alexander Fanta, a reporter at a German news outlet, submitted a request for freedom with the committee requesting text messages. He did not give them. The Ombudsman in the European Union criticized this step, on the pretext that the committee was Participate in mismanagement By not searching enough for text messages in response to Mr. Fanta’s request.

But the committee did not retreat.

The Times and its former office head of Brussels, Matina Stefis-Jidnif, followed, followed by a similar request to the messages. When the messages were refused, the Times took the committee to the court, and filed a lawsuit in Early 2023.

Throughout the lawsuit, the committee confirmed that text messages should not be saved and detected, on the pretext that text messages are Short -termThey are not subject to the rules of retention of the European Union and transparency.

Commission representatives did not say whether anyone in the committee was unlike Mrs. von der Lin at any time reviewing the contents of the messages. At one point he said that You cannot find Related messages.

Paulo Stankanley, a lawyer who represents the committee, said during a Session in November This “I can’t tell you even when it is present, or if it is still present.”

When both sides They put their issues In Luxembourg in that session last year, lawyers at the Times argued that the European Commission had actively encouraged its employees to use the text messages hidden in communication.

The messages drew their attention in part because they were on the subject of a great public interest – the deal for roaming vaccination.

The vaccine agreement with Pfizer was one of the largest purchasing contracts in the history of the European Union. It was welcomed by many as success. Through this, the bloc managed to secure 1.8 billion doses, enough clips Raise vaccination rates Through the European Union.

However, the committee was afflicted with complaints of transparency surrounding the negotiations of the agreement.

The committee published the transferred purchase agreements, but it did not reveal the full conditions for the contracts obtained by Covid vaccines. She said she needed Achieved Between general information and meeting legal requirements for vaccine contracts.

Just serves to deepening concerns about detection.

“The transparency and public access to government documents play a vital role in democratic supervision,” Bondin Klellustra, the Times lawyer, said in her opening argument in that 2024 in the case.