A Belgian court has ordered Poland and Romania to pay Pfizer $2.2 billion for refusing to accept COVID-19 vaccines they had contracted to purchase during the pandemic, a ruling that raises fundamental questions about whether EU member states can renegotiate crisis-era agreements - and what it means for future pandemic preparedness.
The Brussels court of first instance rejected arguments from both countries that lower infection rates and changed circumstances justified backing out of their commitments. Poland was ordered to pay €1.3 billion (roughly $1.4 billion), while Romania faces a €600 million ($650 million) penalty.
The contracts in question stem from the European Commission's joint vaccine procurement program - a historic effort to negotiate on behalf of all 27 member states. In 2021, at the height of the pandemic, countries scrambled to secure doses. By 2022, with infection rates plummeting and vaccine hesitancy rising, several governments tried to cancel orders they no longer needed.
Poland's former government, led by the Law and Justice party (PiS), cited the Ukraine war and shifting public health priorities to justify the cancellation. Romania made similar arguments. Both countries refused to accept delivery, leaving them in breach of legally binding agreements.
The court disagreed. In its ruling, first reported by multiple European outlets, the judges found that the contracts contained no force majeure clauses allowing cancellation due to changing circumstances. Poland and Romania signed, they must pay.
Polish Prime Minister Donald Tusk, whose government inherited the mess from the previous PiS administration, was scathing in his response. "The government ordered COVID vaccines which it did not receive and did not pay for," said, referring to his predecessor . " - meaning all of us - will have to pay over 6 billion złoty in penalties for this extreme PiS foolishness."
