EU vaccine role out.

Cheesehead

Member
Livestock Farmer
Location
Kent
Why were AZ not awarded costs then?
Go and read the judgement.
Admittedly it is concerning County Court have been advised before that even if you win the judge does not automatically award costs in fact a lot of the time it is a you pay yours they pay theirs unless someone has repeatedly tried to mislead the court.
 

le bon paysan

Member
Livestock Farmer
Location
Limousin, France
Admittedly it is concerning County Court have been advised before that even if you win the judge does not automatically award costs in fact a lot of the time it is a you pay yours they pay theirs unless someone has repeatedly tried to mislead the court
"The judgment has recognized that AstraZeneca has breached, perhaps intentionally, at least seriously, the contract," a lawyer representing the Commission said. "Therefore on the principles and the way that the contract must be performed in the future, the judgment is entirely satisfying."


 

stewart

Member
Horticulture
Location
Bay of Plenty NZ
Astra kept their part of the deal ,the eu shouted from rooftops how hard done by they were to cover up their inadequacies, as the court case proved
AstraZeneca did not deliver the contractual doses ordered.

What is the main message of the court ruling?

AstraZeneca grossly and intentionally breached the agreement with the EU.



On substance, what are the main points the court makes?

First, the case was urgent and needed to be handled in emergency proceedings – quote: “prima facie, the delays of the vaccination may have damaging consequences on individual freedoms of the EU citizens and, as a consequence, on the economic life of the EU and the Member States. Those are downsides that are sufficiently serious to justify an immediate decision on the number of doses of vaccine that AstraZeneca had to deliver to the EU” (p. 36, n° 17).

Second, AstraZeneca breached the agreement by:

  • choosing not to use the all the manufacturing sites at its disposal to manufacture and deliver the vaccines to the Member States, especially the site located in the UK - quote: “AstraZeneca intentionally chose not to use the means at its disposal to manufacture and deliver the vaccines (…)” (p. 50, n° 46).
  • prioritising the UK over the EU and thereby violating its warranty that it was not under any obligation that conflicts with the terms of the agreement with the EU - quote: “the delays can be explained by the obligations towards the UK prioritised by AstraZeneca, which substantially conflicted with the agreement with the EU and impeded the complete fulfillment thereof. Therebyn AstraZeneca has – apparently – deliberately breached its contractual warranty, contained in Article 13.1(e) of the APA” (p. 51, n° 48).
Because of those breaches, AstraZeneca was ordered today by the Court of First Instance of Brussels to deliver to the EU and its Member States 50 million doses in three installments until September 27th with a 10 Euro penalty for each dose not delivered in due time. Quote: “In view of its behavior since the negotiations and the multiple aborted communications, one can fear that AstraZeneca will not comply with this judgment or, at least, not in a reasonable time to preserve the rights of the EU. It is justified to pair the aforementioned sentencing with a penalty. (…) To compel AstraZeneca to perform its obligations, we pair the sentencing with a penalty (…) of 10 € per missing dose at each deadline (…) Therefore, of AstraZeneca does not deliver any dose at each of the three deadlines, it will be liable towards the EU for a penalty of 500.000.000 €, this amount being the de facto cap of the penalty” (p. 63, nos 75 and 76).
 

bobk

Member
Location
stafford
AstraZeneca did not deliver the contractual doses ordered.

What is the main message of the court ruling?

AstraZeneca grossly and intentionally breached the agreement with the EU.



On substance, what are the main points the court makes?

First, the case was urgent and needed to be handled in emergency proceedings – quote: “prima facie, the delays of the vaccination may have damaging consequences on individual freedoms of the EU citizens and, as a consequence, on the economic life of the EU and the Member States. Those are downsides that are sufficiently serious to justify an immediate decision on the number of doses of vaccine that AstraZeneca had to deliver to the EU” (p. 36, n° 17).

Second, AstraZeneca breached the agreement by:

  • choosing not to use the all the manufacturing sites at its disposal to manufacture and deliver the vaccines to the Member States, especially the site located in the UK - quote: “AstraZeneca intentionally chose not to use the means at its disposal to manufacture and deliver the vaccines (…)” (p. 50, n° 46).
  • prioritising the UK over the EU and thereby violating its warranty that it was not under any obligation that conflicts with the terms of the agreement with the EU - quote: “the delays can be explained by the obligations towards the UK prioritised by AstraZeneca, which substantially conflicted with the agreement with the EU and impeded the complete fulfillment thereof. Therebyn AstraZeneca has – apparently – deliberately breached its contractual warranty, contained in Article 13.1(e) of the APA” (p. 51, n° 48).
Because of those breaches, AstraZeneca was ordered today by the Court of First Instance of Brussels to deliver to the EU and its Member States 50 million doses in three installments until September 27th with a 10 Euro penalty for each dose not delivered in due time. Quote: “In view of its behavior since the negotiations and the multiple aborted communications, one can fear that AstraZeneca will not comply with this judgment or, at least, not in a reasonable time to preserve the rights of the EU. It is justified to pair the aforementioned sentencing with a penalty. (…) To compel AstraZeneca to perform its obligations, we pair the sentencing with a penalty (…) of 10 € per missing dose at each deadline (…) Therefore, of AstraZeneca does not deliver any dose at each of the three deadlines, it will be liable towards the EU for a penalty of 500.000.000 €, this amount being the de facto cap of the penalty” (p. 63, nos 75 and 76).
Who give's a f**k
 

robs1

Member
"The judgment has recognized that AstraZeneca has breached, perhaps intentionally, at least seriously, the contract," a lawyer representing the Commission said. "Therefore on the principles and the way that the contract must be performed in the future, the judgment is entirely satisfying."


So lawyer who didnt win the case claims he did well that's a surprise, AZ have been ordered to supply the doses they agreed to supply, they have been given a date to do this by, they werent fined or sanctioned by the court, now quite how that is a win for the EU is hilarious.
 

le bon paysan

Member
Livestock Farmer
Location
Limousin, France
AstraZeneca Not Required to Accelerate Covid-19 Vaccine Deliveries, Pay Fines to EU

Yet it was the court who ruled they did not have to pay the fines the EU want nor deliver the vaccines the EU wanted not as implied by the EU lawyers it being only at the EUs insistence. If they had been able to prove intentional breach the EU would have got their fines and deliveries.
If you actually read it , AZ got a suspended sentence for want of a better description, if they don't deliver they'll get fined.
 

Cheesehead

Member
Livestock Farmer
Location
Kent
If you actually read it , AZ got a suspended sentence for want of a better description, if they don't deliver they'll get fined.
Yes a fine that that they were at the time about 5000 doses away from fulfilling with them having "substantially" exceeded 80 million at the end of June rather than September the court ordered that's a harsh sentence not exactly the billions of euros the EU was asking for or the 300 million doses that they wanted either
 

stewart

Member
Horticulture
Location
Bay of Plenty NZ
So lawyer who didnt win the case claims he did well that's a surprise, AZ have been ordered to supply the doses they agreed to supply, they have been given a date to do this by, they werent fined or sanctioned by the court, now quite how that is a win for the EU is hilarious.
In the event of not supplying by the deadline then a fine up to 500.000.000 € can be imposed, I would say that is a win.
 

robs1

Member
In the event of not supplying by the deadline then a fine up to 500.000.000 € can be imposed, I would say that is a win.
That's like saying if I drive at 100 in a 50 zone I can be fined 5 grand and three points, were they fined or sanctioned for their actions so far ? It's a really simple question
 

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