Pfizergate Scandal: Missed Appeal Deadline Means Judgment Stands
Whether we see the secret Pfizer texts or not, the damage to public trust has been done.
In May this year, the EU court ruled that European Commission President Ursula von der Leyen must disclose her text messages exchanged with Pfizer CEO Albert Bourla. With the deadline to appeal now passed, this court order stands.
The ruling represents far more than a simple transparency dispute—it strikes at the heart of democratic accountability in the European Union. The case, stemming from the EU's €35 billion COVID-19 vaccine deal in 2021, has exposed troubling contradictions between the Commission's public rhetoric on transparency and its actual practices.
By rejecting the Commission's claim that the messages were "not archived" and contained "no important information," the court set a powerful precedent for institutional accountability.
Despite positioning itself as a champion of open governance, The Commission’s refusal to disclose these communications—which reportedly played a "central role" in negotiating the largest contract in EU history—reveals a troubling pattern of secrecy. Former EU Ombudsman Emily O'Reilly's criticism that transparency has declined under von der Leyen's leadership appears increasingly justified, with this case suggesting a political culture where sensitive information is withheld as a matter of course.
Should the text messages eventually surface, they could reveal crucial details about how these historic vaccine contracts were negotiated. There is particular interest in whether they might show undisclosed concessions to Pfizer, irregularities in pricing, or evidence that normal procurement channels were bypassed. Conversely, if the messages remain "missing," the Commission could face legal sanctions for non-compliance, while suffering even greater damage to its credibility.
Earlier this month, von der Leyen was forced to defend herself over the scandal ahead of a no-confidence vote. While she survived the vote, the damage has been done. Her European People's Party (EPP) allies may find themselves on the defensive in upcoming elections, particularly as eurosceptic and anti-corruption parties seize on the narrative of EU institutional unaccountability. The timing could hardly be worse, with public trust in institutions already fragile amid economic pressures and geopolitical uncertainty.
Globally, this ruling may have ripple effects beyond Europe.
Should the disclosed messages reveal questionable practices in the EU's vaccine negotiations, other nations might be compelled to re-examine their own pandemic-era contracts with pharmaceutical giants. The potential exists for renewed scrutiny of how governments worldwide conducted business during the health crisis, with possible legal and reputational consequences for all parties involved.
This case has laid bare the tension between the EU's professed values and its operational realities, creating a crisis of legitimacy that won't be easily resolved. Whether through the eventual release of these messages or the political fallout from their continued suppression, "Pfizergate" has become a defining test of whether EU institutions can practice the transparency they preach.
References:
Court of Justice of the European Union. (2025, May 14). Judgment in Case T-T-36/23: European Commission ordered to disclose text messages between President von der Leyen and Pfizer CEO [Press release]. https://curia.europa.eu/
European Ombudsman. (2025). Annual report on transparency and accountability in the EU institutions. https://www.ombudsman.europa.eu/
Politico Europe. (2025, May 14). EU court orders von der Leyen to release Pfizer text messages in transparency blow. https://www.politico.eu/
Politico Europe (2025, July 7). Von der Leyen — finally — defends herself over ‘Pfizergate’
Politico Europe. (2025, July 30). Commission misses deadline to appeal ‘Pfizergate’ judgment. https://www.politico.eu/
The New York Times. (2025, May 14). EU must disclose von der Leyen’s secret vaccine texts, court rules. https://www.nytimes.com/
Agence France-Presse (AFP). (2025, May 14). EU chief von der Leyen faces legal pressure over Pfizer texts and defense fund. https://www.afp.com/
European Commission. (2021). EU vaccine procurement contracts: Transparency and public access to documents. https://ec.europa.eu/
O’Reilly, E. (2024). Transparency in the EU: Rhetoric vs. reality. Journal of European Governance, *15*(2), 123-140.
The Pfizergate scandal illustrates well Lord Acton's famous quip, "Power corrupts and absolute power corrupts absolutely." This harkens back to WCH's call for decentralization of authority regarding health. The decentralization theme might just as well be applied to all aspects of governance, as we can see from this example. Criminal as the actions of the protagonists are, it is just as much a crime to keep handing the criminals the authority to commit more similar crimes.
To seek justice, all the CEOs should be sued personally, otherwise they don't care.
Justice Department Announces Largest Health Care Fraud Settlement in Its History
Pfizer to Pay $2.3 Billion for Fraudulent Marketing September 2, 2009
¨WASHINGTON – American pharmaceutical giant Pfizer Inc. and its subsidiary Pharmacia & Upjohn Company Inc. (hereinafter together "Pfizer") have agreed to pay $2.3 billion, the largest health care fraud settlement in the history of the Department of Justice, to resolve criminal and civil liability arising from the illegal promotion of certain pharmaceutical products, the Justice Department announced today.
Pharmacia & Upjohn Company has agreed to plead guilty to a felony violation of the Food, Drug and Cosmetic Act for misbranding Bextra with the intent to defraud or mislead. Bextra is an anti-inflammatory drug that Pfizer pulled from the market in 2005. Under the provisions of the Food, Drug and Cosmetic Act, a company must specify the intended uses of a product in its new drug application to FDA. Once approved, the drug may not be marketed or promoted for so-called "off-label" uses – i.e., any use not specified in an application and approved by FDA. Pfizer promoted the sale of Bextra for several uses and dosages that the FDA specifically declined to approve due to safety concerns. The company will pay a criminal fine of $1.195 billion, the largest criminal fine ever imposed in the United States for any matter. Pharmacia & Upjohn will also forfeit $105 million, for a total criminal resolution of $1.3 billion... ¨
https://www.justice.gov/opa/pr/justice-department-announces-largest-health-care-fraud-settlement-its-history