Those negotiations resulted in the EU's largest vaccine procurement contract, covering up to 1.8 billion doses. The agreement was estimated to be worth more than €35bn ($39.9bn).
The European Court of Auditors found that this was the only vaccine contract for which the joint negotiating team was not involved in the preliminary negotiations, contrary to the Commission decision governing the procurement process. It also reported that, by November 2021, the Commission had concluded vaccine contracts worth an estimated €71bn ($81bn), covering up to 4.6 billion doses.
The auditors also said they were unable to obtain documentation relating to those preliminary negotiations, including records of the discussions, the scientific advice used and the agreed negotiating terms. They concluded that the lack of documentation raised concerns about transparency and procurement governance.
Court Rulings Increase Pressure for Transparency
The contents of the text messages exchanged between von der Leyen and Bourla have never been made public.
The Commission argued that it did not possess the messages requested by The New York Times under EU access-to-documents rules. It maintained that text messages containing no substantive information are generally not retained.
In May 2025, the General Court of the European Union annulled the Commission's decision refusing access to the requested documents. The court held that the Commission had failed to provide a sufficiently credible explanation of why the requested messages could not be produced or whether they had been retained.
The judgment did not determine whether the messages had been deleted unlawfully, nor did it make any finding of criminal wrongdoing. Instead, it concluded that the Commission had failed to meet its obligations under EU rules governing public access to documents.
Separately, then-European Ombudsman Emily O'Reilly concluded in 2022 that the Commission had committed maladministration in its handling of requests for the text messages. She found that the Commission had not adequately explained how it searched for the requested records or whether text messages falling within the scope of the request had been properly considered as official documents.
Evidence presented during the court proceedings confirmed that text-message exchanges between von der Leyen and Bourla had taken place. The dispute centered not on whether the communications existed, but on whether they should have been retained and disclosed under EU transparency rules.
EPPO Investigation Remains Ongoing
The European Public Prosecutor's Office (EPPO) opened an investigation into the EU's procurement of COVID-19 vaccines after receiving what it described as an "exceptionally high number of reports and complaints". The office has not disclosed the scope of the investigation or identified any suspects.
In 2023, Belgian lobbyist Frédéric Baldan filed a separate criminal complaint against Commission President Ursula von der Leyen, Pfizer Chief Executive Albert Bourla, and the companies Pfizer and BioNTech. The complaint alleged corruption, conflicts of interest, interference in the exercise of public office and the destruction of administrative documents.
In January 2025, a Belgian appeals court ruled that Baldan had failed to demonstrate the personal harm required to qualify as an injured party under Belgian law and declared his complaint inadmissible.
The ruling did not address the substance of the allegations or determine whether any criminal offenses had been committed. Instead, it concerned Baldan’s legal standing to pursue the complaint.
In October 2025, Belgium’s Court of Cassation rejected Baldan’s appeal, bringing the proceedings to an end.
The Belgian proceedings and the EPPO investigation arose from the same underlying facts but were separate legal processes.
EPPO Confirms Investigation is Confidential
Statement asked the European Public Prosecutor's Office about the progress of its investigation, including whether any individuals had been designated as suspects or defendants, what offenses were being examined and whether the investigation concerned the role of Commission President Ursula von der Leyen.
The newspaper also asked about communication between von der Leyen and Pfizer's leadership, the number of prosecutors assigned to the case and the role of EU institutions when allegations arise concerning senior officials.
Responding on behalf of the EPPO, spokesperson Lidija Globokarová confirmed that the investigation into the procurement of COVID-19 vaccines remains ongoing but is subject to confidentiality requirements under European and national law. "The investigation is ongoing and under secrecy", she said.
The EPPO added that it could not disclose further information because doing so could jeopardize the investigation. "Our role is to investigate, prosecute and bring to judgment criminal offenses affecting the financial interests of the European Union", the office said.
Regarding Baldan's complaint, the EPPO noted that "there are separate proceedings before different judicial authorities concerning complaints arising from the same set of facts". The Prosecutor's Office did not comment on the identity of any individuals who may be under investigation or on the specific offenses being examined.
Kövesi: Investigation Must Examine All Allegations
EPPO Chief Prosecutor Laura Kövesi has previously acknowledged the public interest surrounding the investigation.
In media interviews, she said the EPPO had conducted numerous interviews, secured a substantial volume of evidence and received a large number of complaints relating to the vaccine procurement process.
Kövesi also emphasized that investigators must examine every allegation before reaching conclusions. "The public has high expectations", she said, "but we must clarify all the allegations that have been raised".
According to Kövesi, the investigation covers multiple aspects of the procurement process. To assist its work, the EPPO has sought expert input from the European Anti-Fraud Office (OLAF), the European Court of Auditors, relevant departments of the European Commission and other EU institutions.
Asked specifically about communication between von der Leyen and Pfizer's leadership, Kövesi said this was "an aspect that the EPPO must examine" as part of its investigation.
She also indicated that the office hoped to conclude its work during 2026, although no official completion date has been announced.
The Ombudsman Seeks Stronger Rules on Document Retention
Statement also contacted the European Ombudsman's Office regarding the vaccine procurement case. Responding on behalf of the office, press chief Luise Mahony outlined the Ombudsman's position following the General Court's May 2025 judgment.
The Ombudsman's Office noted that both the court and the Ombudsman had emphasized that EU institutions must create and retain documentation relating to their official activities in order to safeguard the public's right of access to documents.
In a separate inquiry concerning the Commission’s handling of an access request for a text message sent by French President Emmanuel Macron to von der Leyen about the EU-Mercosur negotiations, the Ombudsman examined the Commission’s policies on retaining documents after public access requests have been submitted.
"The inquiry addresses the principle that documents should be preserved once a request for access has been made, regardless of whether the institution ultimately concludes that the document should be disclosed", the Ombudsman's Office said.
The Ombudsman has also asked the Commission to retain, for an appropriate period, text messages exchanged between members of the Commission and heads of state or government, as well as ministers, where such communications may be relevant to official decision-making and future public access requests.
The Commission has been asked to respond to the Ombudsman's findings by 3 September 2026.
Questions over Transparency Remain Unresolved
The EPPO investigation into the EU's procurement of COVID-19 vaccines remains ongoing and confidential, and neither the Prosecutor's Office nor the Belgian courts have disclosed evidence that would allow the public to assess the substance of the allegations.
At the same time, several European institutions have identified shortcomings in the Commission's handling of transparency and record-keeping during the vaccine procurement process.
The European Court of Auditors criticized the lack of documentation surrounding the preliminary negotiations for the EU's largest vaccine contract. The European Ombudsman found maladministration in the Commission's handling of requests for access to the text messages. The General Court later ruled that the Commission had failed to provide an adequate explanation for its refusal to grant access to the requested documents.
None of those findings, however, amounted to a determination that criminal offenses had been committed or that Commission officials had engaged in corruption. Those questions, to the extent they fall within the EPPO's mandate, remain subject to an ongoing investigation whose outcome has not yet been made public.
The Commission has defended its handling of the matter, arguing that text messages containing no substantive information are generally not retained under its document-management rules.
The Commission's criticism of member states' efforts to combat corruption nevertheless raises broader questions about transparency and accountability within EU institutions themselves. As long as the EPPO investigation remains unresolved and key aspects of the procurement process remain disputed, the issue is likely to continue attracting political and public scrutiny.
