Pfizer and its German mRNA COVID-19 jab partner BioNTech are suing Romania over missed payments for the experimental COVID-19 shot.

The lawsuit cited a “prolonged contractual breach” and continued discussions in “good faith” between the companies and the country, Fierce Pharma reports.

Per Fierce Pharma:

Pfizer and BioNTech want to hold Romania to its commitments for COVID-19 vaccine orders placed by the country’s government, a Pfizer spokesperson confirmed via email.

“Pfizer and BioNTech believe it is important that all parties respect their contractual obligations under the agreement that has facilitated the successful European pandemic response,” the spokesperson said, adding that Pfizer and BioNTech are continuing to support that response by delivering vaccine doses in line with previously struck contractual agreements.

Specifically, Romania has backed out of orders for some 28 million Comirnaty doses worth around €550 million, local news outlet Romania-Insider reports.

Pfizer and BioNTech did not explicitly confirm the size of the order or the value of the deal.

Romania’s health minister, meanwhile, has argued there’s no legal ground for penalties claimed in the case since the country refused to sign an amendment to its original deal with Pfizer-BioNTech, according to Romania-Insider.

Romania’s Finance Ministry announced a schedule for the trial between Pfizer and the country has been established.

Romania-Insider reports:

Romania’s legal representatives were “notified to appear on February 20, 2024, at 09:00, in front of the first chamber of the Francophone Court of First Instance in Brussels, in the case registered under no. F5331-23, promoted by the plaintiffs PFIZER Inc., BIONTECH Manufacturing GmbH, Pfizer Romania SRL, against Romania, concerning the COVID-19 vaccine purchase contract concluded between the contractor and the European Commission,” the ministry announced.

The first stage of the trial is that of submitting documents, which will be later followed by the hearing stage. As such, a deadline of about 4 months until the first submission of documents has been set, which will take place on June 20, 2024. The Ministry of Finance, cited by News.ro, noted that no clear deadline has been set for the hearings.

Pfizer is requesting Romania to execute the purchase contract by paying the price for the remaining almost 29 million doses, which it purchased for EUR 564 million. The company is also requesting payment amounting to RON 2.78 billion, subject to increase during the procedure, plus interest at the ECB refinancing rate plus 5 points.

According to the press release, the Ministry of Finance conducted an analysis of specialized lawyers who ensure the ministry’s representation in front of Arbitration Tribunals in disputes conducted according to the ICSID procedural rules, as well as the Arbitration Rules of the United Nations Commission on International Trade Law. Romania’s legal representative is the association CA Stănescu Vasile and Associates, Strelia CVBA.

Pfizer and BioNTech have also sued Poland and Hungary over missed COVID-19 jab payments.

From Insider Paper:

Pharmaceutical firms Pfizer and BioNTech are suing the governments of Poland and Hungary alleging they failed to pay for vaccines ordered during the Covid pandemic, lawyers said Tuesday.

EU member countries ordered vaccines for their population through a joint purchase scheme, and so the companies are bringing their case before the courts in Belgium, the European Commission’s host country.

According to the law firm representing Poland in the case, the US and German companies are demanding that Poland pay a debt of 5.6 billion zlotys, or 1.3 billion euros ($1.4 billion), plus interest.

Hungary is also accused of breach of contract, but a source close to the case told AFP that Budapest faces a much smaller claim of 60 million euros for three million vaccine doses.

 

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