A Brussels court ruled Poland must accept remaining COVID-19 vaccine doses and pay over 5.6 billion PLN after cancelling a 2021 contract with Pfizer.
Billions in Penalties for Poland
A dispute over vaccine procurement is being litigated in Brussels, where the contract between the European Commission and Pfizer was established. In 2021, the European Commission contracted with the American manufacturer on behalf of member states, obligating Poland to purchase a specified number of vaccines according to a negotiated schedule. However, Poland refused further deliveries in 2022.
Pfizer Sues Poland
In September 2023, Pfizer sued Poland to enforce the contract. The Brussels court determined that the evidence presented did not reveal any irregularities in the public procurement process awarded to Pfizer.
Court Findings on Contract Validity
The court also found that the conditions for terminating the purchase agreement by Poland were not met. Furthermore, Poland failed to demonstrate that the contract – specifically its clauses regarding price, dosage, or liability waivers – indicated an abuse of a dominant position by Pfizer.
Financial Implications of the Ruling
Poland is required to receive the remaining vaccine doses and pay 5.644 billion PLN. The ruling is not yet final.
Tusk Comments on the Ruling
Prime Minister Donald Tusk commented on the verdict, stating, “The Morawiecki government ordered and did not pay for COVID vaccines. Poland, and therefore all of us, will have to pay over 6 billion PLN in penalties for this extreme foolishness of PiS. And unfortunately, this is not an April Fool’s joke.”
