EURONEWS - The Briefing -------- A damning verdict, a stinging defeat by Jorge Liboreiro

 

A damning verdict, a stinging defeat

By Jorge Liboreiro Ursula von der Leyen’s standing suffered this week one of the greatest and most painful blows of her two-mandate presidency. Her European Commission lost on all counts in the legal battle known as Pfizergate, earning a scathing reprimand by the Grand Chambre of the General Court in Luxembourg. Before we dive deeper into the drama, let’s first go back in time: the scandal dates to April 2021, when von der Leyen gave a (rare) interview to the New York Times in which she explained how she had personally engaged with the CEO of Pfizer, Albert Bourla, to seal a mammoth deal for 1.8 billion COVID-19 vaccines. According to the original article, the agreement, one of the biggest ever signed by the Commission, was the fruit of “calls and texts” exchanged directly between von der Leyen and Bourla. The headline-making admission led the New York Times to file a request for information seeking access to the text messages due to the fundamental role they had played in the multi-billion-euro negotiations. The Commission refused the request, triggering instantaneous outrage and unleashing a torrent of questions about transparency. In reaction, the New York Times sued. Since then, the Berlaymont has been on the defensive to maintain a façade of credibility. Officials have gone as far as to contend that the VDL-Bourla chat wasn’t relevant enough to be stored, despite the importance that von der Leyen herself attached to the SMS in the article. “It’s not because you have a text between the Commission president and another person that it automatically constitutes a policy-making document,” a senior official said earlier this week during a briefing that left journalists scratching their heads. Then, the judges issued their ruling. And Brussels lost badly. The Commission was chastised for not giving a “plausible explanation” to justify why it didn’t have the text messages and for not “sufficiently” clarifying if the text messages still exist or have been deleted – and if, crucially, that deletion was deliberate or automatic. In another scathing rebuke, the judges questioned the claim that the SMS weren’t important enough to be registered. “The Commission has failed to explain in a plausible manner why it considered that the text messages exchanged in the context of the procurement of COVID-19 vaccines did not contain important information or information involving follow-up, the retention of which must be ensured,” the General Court said in a press release. It was a damning verdict that read like a broader denunciation of the widespread obscurity that permeates the powerful executive. Although von der Leyen has won plaudits over her steady management of the back-to-back crises that have hit the bloc in the past five years, her centralised way of governing has been a recurrent source of friction in Brussels. Von der Leyen is known for keeping critical files close to her chest and operating an extremely tight-knit group of advisors, something that has led to faster, bolder decision-making but has built higher walls within the Commission that make it harder for outsiders, including journalists and civil society, to keep track of what’s really on. Von der Leyen’s governance has also antagonised other institutions, most notably the European Parliament, which has filed several lawsuits against the executive’s actions. The European Ombudsman has compiled an even longer list of grievances. Way before this week’s ruling, the EU watchdog had called the refusal to release the text messages a case of “maladministration.” With no options left to sugar-coat the defeat, the Commission has adopted a cold approach. The executive intends to work “along the lines” laid out by the judges in the ruling to write a “new decision with a more complete and detailed justification,” the chief spokesperson said. In other words, the refusal to release the documents will remain. Only the wording will change. But the be-all, end-all question remains: Do these text messages still exist? The Commission just won’t say. The only explanation provided to the lingering enigma is that, per internal rules, the executive conducted a two-step internal search of documents, registered and unregistered, that could be relevant to the New York Times’s request. “As a result of the search, documents falling within the scope of the request could not be identified,” the spokesperson said. It’s a baffling reply that does nothing but reinforce the impression that, when asked to choose between secrecy of bureaucracy and freedom of information, the Commission opts for the former. But the court, as it made it clear, prefers the latter. Why this ad? WHAT ELSE IS GOING ON? PFIZERGATE AFTERMATH The Commission’s defeat before the General Court has been hailed as a “victory for transparency and accountability” by journalists and civil society alike, who hope the case will set an important precedent and lead to a change in practices. But if history is our guide, we should keep our expectations low. Those in power appear to be inherently predisposed to keep things hush-hush. Here’s a look at the politicians who caused a furore after deleting their text messages. PUTIN’S NO-SHOW As expected, Vladimir Putin didn’t show up for the direct talks with Ukraine in Turkey. (Note: the negotiations were Putin’s idea.) Instead, the Russian leader sent his hard-line aide. From Ankara, Volodymyr Zelenskyy said Moscow’s delegation appeared “theatrical.” He then announced his defence minister, Rustem Umerov, would lead the face-to-face talks, the first since early 2022. The meeting in Turkey came one day after the EU imposed a fresh round of sanctions against the Kremlin, threatening to slap another one if Putin continues to refuse a 30-day ceasefire. GROWING OUTRAGE Last year, Spain and Ireland jointly called for an “urgent review” of the EU-Israel Association Agreement in light of the war in Gaza. The push drew attention but went nowhere. Now, the Netherlands has made a similar plea, pointing to the “humanitarian blockade” in the enclave as reason enough to launch the review. The Dutch call has made a greater impact, gaining the support of France, Belgium, Portugal, Sweden and Finland, writes Mared Gwyn Jones. BEGGING FOR FORGIVENESS Amazon is still trying to regain access to the European Parliament after losing its badges last year over a pattern of non-cooperation. Cynthia Kroen has learned that Amazon representatives will likely be grilled by the Employment and Social Affairs Committee at the end of June as a precondition to allow the Tech Giant back into the Parliament’s premises. Meanwhile, right-wing MEPs teamed up to derail a plan to install a new body for ethical standards. PRICE ENVY In the latest chapter of Donald Trump’s executive orders, the president unveiled a voluntary plan to bring the prices of medicines in the US, the highest in the world, in line with the prices paid by Europeans. “We’re going to pay what Europe pays,” Trump told journalists, adding EU countries are “difficult,” “brutal,” and “nasty” in their dealings with drug companies. Why does America pay so much in comparison to Europe? Gabriela Galvin brings much-needed answers. UNITED BY MUSIC Dear readers, welcome to Eurovision week! The contest has kicked off, with Sweden’s “Bara bada bastu” as the main favourite. But Austria’s JJ could snatch the trophy with his opera-infused “Wasted Love.” We profile the singer. In a shock twist, Belgium, which bookmakers had ranked in the top 10, didn’t qualify for the Grand Final. For this year’s edition, organisers have lifted the infamous ban on the EU flag, but restrictions for artists remain in place. The team takes a closer look at the historical stats of winners and dares you to take the ultimate Eurovision quiz. LA CROISETTE From music to movies. Stars are descending onto the 78th Cannes Film Festival, which also began this week. Juliette Binoche is the president, and Robert De Niro the recipient of the honorary Palme d’Or, presented by Leonardo DiCaprio. There was also a very moving tribute to the great mind of David Lynch. This year, a new change has been added to the glamorous red carpet: no nudity.  Why this ad? IT'S IN THE NUMBERS Cyclones, floods and other disasters forced people from their homes 45.8 million times last year, nearly double the annual average over the past decade. That’s according to the Internal Displacement Monitoring Centre (IDMC)’s latest report, which also found that the number of people living in internal displacement at the end of 2024 exceeded 80 million for the first time. EDITOR’S CHOICE Romania grapples with disinformation ahead of tense run-off Romanians are heading to the ballots on Sunday in a presidential run-off set to go down to the wire. Opinion polls suggest the vote is on a knife-edge between Eurosceptic ultra-nationalist George Simion and pro-EU centrist Nicușor Dan. The presidential election was initially held last November but annulled when declassified Romanian intelligence alleged that a “state actor” had coordinated a TikTok campaign for first-round winner Călin Georgescu, a little-known outsider with extreme views. Georgescu was barred from the re-run, sparking outrage among his supporters at home and abroad. Experts are now warning that the second attempt at the election remains vulnerable to foreign-sponsored disinformation campaigns that aim to sow distrust and division. An Israeli airstrike against a residential building in Jabaliya, northern Gaza, was captured on camera.

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