On Wednesday, a Belgian court ruled that Poland and Romania must take delivery of COVID-19 vaccines valued at €1.9 billion ($2.2 billion), produced by Pfizer and BioNTech. The decision comes in a case that the U.S. pharmaceutical companies brought three years ago.
Pfizer sued Poland and Romania in late 2023 in a Belgian court to force the two countries to comply with a contract signed between the European Commission and Pfizer for the delivery of a set number of vaccine doses over several years, the court said.
In April 2022, Poland refused to fulfill its contract with Pfizer, citing changes in the pandemic situation, the ongoing war in Ukraine, and allegations of Pfizer potentially abusing its dominant market position. Romania later followed suit, taking a similar stance.
However, the Brussels court rejected these arguments, ruling that both countries must accept delivery of the vaccine doses and make the required payments to Pfizer.
Under the court’s decision, Poland is obligated to receive Pfizer vaccines valued at €1.3 billion, while Romania must accept doses worth €600 million.
“Poland intends to pursue all legal remedies available to it to amend this ruling and defend its interests,” its Health Ministry said in a statement. The ruling requires a detailed analysis regarding its implementation, and the financial and practical aspects, it added.
Romanian Health Minister Alexandru Rogobete said the sum did not include delay penalties, which will add to the cost.
“It is a large sum, effectively the equivalent of a … regional hospital in Romania,” Rogobete told reporters.
“It is an enforceable measure regardless of whether an appeal is filed or not, Romania will have to pay this amount. If it wins the appeal, of course the money will be returned.”
Pfizer said it expected both countries to pay.
“This decision reflects the importance of the contractual obligations that underpinned a successful European pandemic response, which was built on the principle of solidarity between Member States,” it said in a statement.
At the height of the pandemic, the European Commission and EU governments committed to purchasing large quantities of vaccines, primarily from Pfizer and its partner BioNTech, driven by concerns over potential shortages.
As the pandemic began to ease, several EU countries sought to reduce their vaccine orders in an effort to lower costs.
While Pfizer and Moderna (MRNA.O) another major supplier of COVID-19 vaccines to the EU agreed to postpone certain deliveries, Poland and Romania deemed these adjustments insufficient.
In Poland, Prime Minister Donald Tusk attributed the issue to his predecessor, Mateusz Morawiecki, holding him responsible for the complications surrounding the vaccine contract.
The Romanian government said it did not have an official announcement on the ruling and so could not comment.
