Thread by @KurtVermeulen

#BE (First Instance, appeal possible) court decides against #AstraZeneca on #COVID #vaccines failure to deliver

https://twitter.com/kurtvermeulen/status/1355526225146617862

#EU Commissioner statement

https://twitter.com/SKyriakidesEU/status/1405865733498851334

#EU Commission Pdt #VdL tweet on #BE court decision

https://twitter.com/vonderleyen/status/1405865928882102273

#EU sees #BE #Court order #AstraZeneca to deliver 50m doses rather than 90m claimed. Penalty for non-delivery EUR10 per missing dose lalibre.be/international/…

Quotes from judgement

https://twitter.com/alnellus/status/1405885496446885898

#BE court considers #AZ was in manifest breach of its contractual obligations to supply #EU from all EU plants incl #UK #Oxford. AZ wilfully misrepresented to #EU that there were no contactual impediments to supplying EU as intended/contracted for.

#AZ did not disclose to court its contractual supply duty towards the #UK. (Pg 12 Judgment). AZ had ‘best efforts duty’ towards UK due to UK taxpayer having funded Oxford R&D.
#EU Commission requested court to order AZ to produce min 70m and up to 90m doses.

EU Commission funded AZ upfront albeit late due to novation EU Comm into rights/liabilities of EU MS (Pg 15)
Funding preceded approval of vaccine by #EMA, ie reduced AZ risk (Pg 17)
Only DRAFT #EU-#AZ contract stipulated supplies to EU from Halix/Oxford AFTER UK 100m doses (Pg18)

Rather damming, #EU ‘discovered’ from LaRepubblica interview w #AZ CEO that AZ had stuck to - but not indicated in final contract - its priority supply obligation to #UK (Pg 24)

#AZ tried #EU to agree to #ADR although not written into contract. EU refused given degree of urgency. AZ wilfully delayed response to EU by a week after failure to execute (Pg 38)

#BE court did not qualify supply agreement as result driven, but entered into on a best efforts basis (Pg 43 & esp pg 45 w ref to wording of cl 1.9 APA).

#AZ only started producing at #Novasep and Catalent sites after receiving advance payment from #EU (para 40 pg 45) Delay in deliveries partly due to late signing APA by EU Commission (novation delay) (para 41 pg 47)

#BE court condemns #AZ wilful unreasonable behaviour by not bene having tried to assign #Halix and #OxfordBiomedica sites to produce for EU despite explicit contractual obligation.l (para 46 pg 50)

#BE court sees #AZ in gross breach of contractual obligations to supply and #AZ cannot exonerate itself based on cl 15.1 APA (para 59 pg 56)

#BE court concludes neither #AZ nor #EU have seen all their claims uoheld by the Court. Source judgment 18 Jun 2021: ec.europa.eu/commission/pre…

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@APHClarkson badly constructed thread- but still useful