Spain's Supreme Court Orders Health Ministry to Release Full Andorra Vaccine Resale Agreement
Ruling overturns prior denial, mandates disclosure of 13,650 Pfizer/BioNTech doses deal and details on similar pacts with other countries within 10 days, rejecting secrecy claims over EU contracts.
Key Points
- Spain's Supreme Court orders Health Ministry to release full Andorra vaccine resale agreement within 10 days.
- Ruling overturns prior denial, mandates details on 13,650 Pfizer/BioNTech doses and similar pacts.
- Court rejects secrecy claims, stating agreement was independent of EU contracts.
- Decision sets precedent that national deals need not be secret post-signing.
Spain's Supreme Court has ordered the Health Ministry to disclose the full text of its agreement with Andorra for the resale of 13,650 Pfizer/BioNTech Covid-19 vaccine doses, as well as details on similar arrangements with other countries. The 11 March 2026 ruling gives the ministry 10 working days to hand over the documents to the journalistic group that requested them.
The decision overturns a prior National Court chamber ruling that had denied access. It stems from an appeal by the Spanish Council for Transparency and Good Governance, which had backed the initial request after the ministry provided only limited details: confirmation of the 13,650 doses sold to Andorra, a statement that no other similar pacts existed at the time, and a link to track Spain's broader vaccine resales or donations.
The ministry and Spanish Agency of Medicines had opposed release, citing potential exposure of sensitive elements from the European Commission's contracts with pharmaceutical companies and risks to Spain's foreign relations or international reputation. The Supreme Court rejected these claims, ruling that the agreement was negotiated independently by Spanish and Andorran authorities, outside EU frameworks.
Judges emphasized that pricing for donation or resale arose from bilateral discussions, not Brussels directives, and required no prior European consultation. Secrecy justifications must be specific and evidence-based, not vague references to foreign policy or ongoing talks. "Once signed, there are no reasons why this agreement cannot be known in its entirety," the ruling states. The court found no proof that disclosure would harm relations with Andorra or future negotiations.
The sentence sets precedent: involvement of a third country does not automatically make a pact secret, and EU regulations do not apply to nationally generated documents. The ministry must now provide the Andorra agreement plus a list of comparable deals, including doses, brands, recipient nations, and transaction types—donation or resale.
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