European Ombudsman statement on EU Court judgement regarding how the Commission dealt with a request for access to text messages

The European Ombudsman commented on the decision of the Court of Justice of the EU dated 14/5/2025 in Case T-36/23 (Stevi and The New York Times v Commission),related to the access to the text messages exchanged between President von der Leyen and the CEO of Pfizer.

As mentioned in the statement of the European Ombudsman, “judgement is important for the principles of transparency in EU decision making and how those principles are applied in our new digital age. As text messages are regularly used as a form of communication by decision-makers, it is key that institutions ensure those messages are registered and retained as needed so that public access requests can be dealt with properly and efficiently.

In particular, the Ombudsman notes that the Court ruled today (14.5.2025) that the way the Commission dealt with the access request to the text messages exchanged by the President of the Commission and the chief executive officer of a pharmaceutical company breached the principle of good administration (Article 41 of the Charter of Fundamental Rights).

The Ombudsman also notes that the Court said the Commission should have done much more to explain why such messages did not contain important information which would justify their registration and retention.

The Commission did not either explain whether such messages still exist or have been deleted, and if so whether this was done deliberately or automatically.

The Court –like the Ombudsman - has once again emphasized that the right of access to documents requires that the institutions concerned, in so far as possible and in a non-arbitrary and predictable manner, should always draw up and retain documentation relating to their activities. If institutions fail to register and retain documentation relating to their activities, the right of access to documents is emptied of all meaning.

The Ombudsman expects that the Commission will draw the necessary conclusions from today's judgement and ensure the right of public access to documents can be given its full effect”. (source: ombudsman.europa.eu/photo freepik.com)

Read about the judgement here

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