Courtroom showdown: EU takes on AstraZeneca in vaccine row

BRUSSELS (AP) — It's crunch time for the European Commission in its legal battle with drugmaker AstraZeneca.

At loggerheads for months with the Anglo-Swedish pharmaceutical company it accuses of failing to deliver the promised number of COVID-19 vaccine doses, the European Union's executive branch will try to persuade a Brussels court Wednesday that the case is urgent enough to justify ordering the company to make an immediate delivery of the missing shots.

AstraZeneca's contract signed with the Commission on behalf of EU member states foresaw an initial 300 million doses for distribution among all 27 countries, with an option for a further 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 commission, the company is set to provide only 70 million doses in the second quarter. It had promised 180 million.

While the EU insists AstraZeneca has breached its contractual obligations, the company says it has fully complied with the agreement, arguing that vaccines are difficult to manufacture and it made its best effort to deliver on time.

“We want the court to order the company to deliver 90 million additional doses, in addition to the 30 million already delivered in the first quarter,” European Commission spokesman Stefan De Keersmaecker said.

As part of an advanced purchase agreement with vaccine companies, the EU said it invested 2.7 billion Euros ($3.8 billion), including 336 million ($408 million) to finance the production of AstraZeneca's serum at four factories.

During a procedural hearing last month, EU lawyer Rafael Jafferali told the court the company should use all four plants listed in their contract for deliveries to the EU.

“The contract listed a series of plants that had to be used by AstraZeneca and that still today, in breach of the contract, AstraZeneca is not using,” he said.

The longstanding dispute drew media attention for weeks earlier this year amid a deadly surge of coronavirus infections in Europe when delays in vaccine production and deliveries hampered the EU's vaccination campaign.

Cheaper and easier to use than rival shots from Pfizer-BioNTech, the AstraZeneca vaccine developed with Oxford University was a pillar of the European Union's vaccine rollout.

But the EU's partnership with the firm quickly deteriorated amid accusations it favoured its relationship with the British authorities.

Follow The Gleaner on Instagram @JamaicaGleaner and on Facebook @GleanerJamaica. Send us a message on WhatsApp at 1-876-499-0169 or email us at onlinefeedback@gleanerjm.com or editors@gleanerjm.com.