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EU seeks big fine in court case over AstraZeneca deliveries

Published:Wednesday | May 26, 2021 | 9:59 AM
Stacks of documents are placed on a table at the start of a hearing, European Commission vs AstraZeneca, at the main courthouse in Brussels, Wednesday, May 26, 2021. The European Union took on vaccine producer AstraZeneca in a Brussels court on Wednesday with the urgent demand that the company supply COVID-19 shots owed to the 27-nation bloc. (AP Photo/Virginia Mayo)

BRUSSELS (AP) — 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 urgent delivery to the EU's 27-member countries.

During an emergency hearing, the EU asked for the delivery of missing doses and accused AstraZeneca of postponing deliveries so the Anglo-Swedish company could service Britain, among others.

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.

A lawyer for AstraZeneca said the company said Wednesday that “more or less 60 million doses” from the total order have been delivered so far.

EU lawyer Rafael Jafferali told the court that AstraZeneca expects to deliver the total number of contracted doses by the end of December, but he said that “with a six-month delay, it's obviously a failure.”

Jafferali asked the court to fine the drugmaker 10 million Euros per infraction and to force AstraZeneca to pay 10 Euros per dose for each day of delay as compensation for breaching the EU contract.

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.

The EU's main argument is that AstraZeneca should have used production sites located within the bloc and in the UK for EU supplies as part of a “best reasonable effort” clause in the contract.

Jafferali said the European Commission agreed to pay 870 million euros for the shots and 50 million doses that should have been delivered to the EU went to third countries instead, “in violation” of the contract.

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