(26 May 2021) The European Union took on vaccine producer AstraZeneca in a Brussels court on Wednesday and accused the drugmaker of acting in bad faith by providing shots to other nations when it had promised them for fast delivery to the EU's 27 member countries.
During an emergency hearing, the EU asked for the shipment of missing doses to the region and accused AstraZeneca of postponing deliveries so the Anglo-Swedish company could service others, and Britain in particular.
AstraZeneca lawyers denied any wrongdoing and said the pharmaceutical firm has always done its best to fulfil delivery commitments.
"The court heard today how AstraZeneca has fully complied with the terms of its Advance Purchase Agreement with the European Commission", a lawyer representing AstraZeneca, Hakim Boularbah, said.
He argued that the original delivery schedule was based on estimates and that AstraZeneca could not be liable in case of delays.
He said that during the original tender submission process in summer 2020, the European Commission was made aware that "the UK government have priority to the UK supply chain, contrary to the repeated and incorrect argument of the Commission".
AstraZeneca's contract with the European Commission, the EU's executive arm, foresaw an initial 300 million doses being distributed, with an option for another 100 million.
The doses were expected to be delivered throughout 2021, but only 30 million were sent during the first quarter.
Deliveries have increased slightly since then but, according to the EU commission, the company is set to supply 70 million doses in the second quarter when it had promised 180 million.
The Commission wants the court to order the delivery of an additional 90 million doses by the end of June, and the delivery of the remaining 180 million doses by the end of the third quarter of 2021.
AstraZeneca's lawyer, Boularbah, said it's impossible for the company to meet the deadlines and accused the Commission of trying to change the terms of their contract.
A judgement is to be delivered at a later date.
In addition to the emergency action, the European Commission has launched a claim on the merits of the case for which a hearing hasn't yet been set by the court.
The EU has insisted its gripes with the company are about deliveries only and has repeatedly said that it has no problems with the safety or quality of the vaccine itself.
The shots have been approved by the European Medicines Agency, the EU's drug regulator.
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