Anti-Covid vaccines: an advisor to the Court of Justice of the EU recommends rejecting the European Commission's appeal

The appeal lodged by the European Commission in a dispute related to Covid-19 vaccine contracts should be rejected, according to the opinion of a legal advisor to the Court of Justice of the European Union, a position that could weigh heavily on the outcome of the case.

This dispute concerns supply agreements concluded during the pandemic between the European Commission and the American laboratory Moderna Inc, regarding the conditions of certain contracts for Covid-19 vaccines.

In his opinion, the Court's advisor—whose recommendations are generally followed by judges even though they are not legally binding—considers that the Commission's arguments do not justify the annulment or revision of the contested decision. The final decision now rests with the European Court of Justice.

This case is part of a broader set of disputes and legal debates related to the European Union's management of vaccine purchases during the health crisis. These contracts, concluded in haste, have been criticized regarding their transparency, costs, and negotiation methods.

For Brussels, these procedures are sensitive because they relate both to the management of a major health crisis and to the institutional responsibility of the European executive in securing doses for member states.

The final decision of the Court of Justice of the European Union is now awaited and could either confirm or overturn the position of its legal advisor. It will be closely watched by Member States, pharmaceutical companies, and observers of European law.