BRUSSELS, April 1 (Reuters) – A Belgian court on Wednesday ordered Poland and Romania to take delivery of 1.9 billion euros ($2.2 billion) worth of COVID-19 vaccines made by Pfizer and BioNTech in a case brought by the U.S. drugmaker 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.
Poland refused in April 2022 to comply with the contract, citing the evolution of the pandemic, the war in Ukraine and a possible abuse of dominant position by Pfizer. Romania later took the same step.
The Brussels court rejected those arguments and ordered Poland and Romania to take delivery of the vaccine doses and pay Pfizer.
Poland was ordered to take delivery of Pfizer vaccine doses worth 1.3 billion euros, while Romania was ordered to take 600 million euros’ worth.
“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.
During the most acute phase of the pandemic, the European Commission and EU governments agreed to buy huge volumes of vaccines, mostly from Pfizer and its partner BioNTech, amid fears of insufficient supplies.
As the pandemic abated, some EU countries pushed for a reduction in the number of vaccines being ordered to cut the expense.
Pfizer and Moderna, another top supplier of COVID vaccines to the EU, have agreed to postpone some deliveries, though that was not considered enough by Poland and Romania.
Prime Minister Donald Tusk blamed his predecessor Mateusz Morawiecki for the setback.
The Romanian government said it did not have an official announcement on the ruling and so could not comment.
($1 = 0.8614 euros)
(Reporting by Inti Landauro and Bhanvi Satija; Additional reporting by Alan Charlish and Luiza Ilie. Editing by Mark Potter, Toby Chopra and Nick Zieminski)
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