The European Union’s General Court has ruled against European Commission President Ursula von der Leyen in a case involving access to text messages exchanged with Pfizer CEO Albert Bourla. The court annulled the Commission’s decision to refuse a journalist’s request for access to these messages.
Matina Stevi, a journalist working for The New York Times, had submitted an application under the Access to Documents Regulation for access to messages exchanged between von der Leyen and Bourla between January 1, 2021, and May 11, 2022. The Commission rejected the application, stating it did not hold the documents.
However, the General Court found that the Commission’s explanation was insufficient, stating, “the explanations given by the Commission both in the contested decision and in the present proceedings as regards the searches carried out to find the requested documents do not suffice to provide a credible explanation of why those documents could not be found.”
The court also noted that the Commission failed to clarify whether the requested text messages were deleted and, if so, whether the deletion was done deliberately or automatically. “The Commission had failed to fulfil its obligations when processing the application for access to documents and thus breached the principle of good administration,” the court concluded.
The court ultimately upheld the action and annulled the Commission’s decision, ordering the Commission to pay legal costs for Stevi and The New York Times. This ruling highlights the importance of transparency and access to documents within the EU institutions.