EPPO Investigates EU Vaccine Procurement: Von der Leyen's Role in 'Pfizergate' under Spotlight

European prosecutors have taken the reins of a high-profile investigation into alleged improprieties surrounding vaccine negotiations between European Commission President Ursula von der Leyen and Pfizer’s CEO.

The European Public Prosecutor’s Office (EPPO) has assumed control of the inquiry from Belgian authorities, who initially commenced the investigation in Liège in early 2023.

The EPPO’s involvement follows claims of potential criminal offenses including “interference in public functions, destruction of SMS, corruption and conflict of interest,” detailed in legal documents reviewed by POLITICO and confirmed by a spokesperson from the Liège prosecutor’s office.

The probe was initiated subsequent to a criminal complaint lodged by local lobbyist Frédéric Baldan, which was later endorsed by the Hungarian and Polish governments.

Notably, Poland is now in the process of withdrawing its complaint following the election of a pro-EU government led by Donald Tusk.

Baldan’s complaint centred on alleged text message exchanges between von der Leyen and Pfizer’s Albert Bourla, dubbed as “Pfizergate,” which reportedly occurred during negotiations for the EU’s largest vaccine deal amidst the Covid-19 pandemic.

News of the EPPO’s involvement intensifies scrutiny on the Commission president’s role in the substantial vaccine procurement, valued at over €20 billion, amidst ongoing questions regarding the deal’s transparency and efficacy.

While no charges have been filed thus far, the EPPO’s mandate to investigate financial crimes across Europe suggests a comprehensive examination may be underway.

Von der Leyen’s steadfast refusal to disclose the content of the text messages, coupled with the Commission’s silence on the matter, has fuelled demands for transparency from both advocacy groups and political adversaries.

Despite mounting pressure, von der Leyen has avoided direct engagement on the issue, stating only that “everything necessary about that has been said and exchanged” and that they await the investigation’s results.

The investigation intersects with broader legal disputes involving Pfizer, notably lawsuits filed against Hungary and Poland regarding alleged missed payments for vaccine doses.

Baldan’s complaint, initially viewed by some as a personal initiative, gained momentum with the backing of European governments, particularly Hungary, where Prime Minister Viktor Orbán has been a vocal critic of von der Leyen.

Poland also joined the fray, lodging a complaint last November, though recent political developments suggest a potential withdrawal from proceedings under the new administration led by Tusk.

While the specifics of the legal proceedings remain undisclosed, insiders familiar with the cases suggest a common focus on the alleged text message exchange between von der Leyen and Bourla.

Meanwhile, both Hungary and Poland find themselves embroiled in legal battles with Pfizer over missed payments, further complicating the landscape of vaccine procurement and distribution across the continent.

The European Public Prosecutor’s Office (EPPO).

In July 2013, the European Commission introduced a proposal for a regulation aimed at establishing the European Public Prosecutors Office (EPPO) and delineating its authorities and procedures.

The proposal envisioned the EPPO as an autonomous entity within the European Union, tasked with directing, coordinating, and overseeing criminal investigations, as well as prosecuting suspects in national courts under a unified prosecution policy.

Additionally, the proposal referenced the provisions outlined in the proposed PIF directive concerning the definition of criminal offenses impacting the financial interests of the European Union.

In October 2017, the Council of the European Union adopted the Regulation titled ‘implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office’.

This Regulation outlined the specific mandate of the EPPO, marking a significant step towards its operationalization. The document was subsequently published in the Official Journal of the European Union on 31 October 2017.