Belgian court to assess Von der Leyen’s immunity in corruption charges

Giuseppe de vita
Credit: AP Photo/Omar Havana

Brussels (Brussels Morning Newspaper) – A Belgian court in Liège will review EU Commission’s Ursula von der Leyen’s legal immunity on Jan 6 over the controversy of COVID-19 vaccine procurement.

As reported by TASS, Frederic Baldan, the complainant, said:

“The Belgian court hearing on January 6 will be carried out upon an address of the EU office of the prosecutor that should scrutinize acts of corruption in EU institutions but which is de facto acting to support von der Leyen now. The European Public Prosecutor’s Office sent an address to the court, saying that von der Leyen has the immunity against court prosecution on accusations of corruption when purchasing COVID-19 vaccines that did not pass clinical trials.”

What are the charges against Von der Leyen?

EU Commission President Von der Leyen is accused of several charges, among them “usurpation of functions and title,” destruction of public documents, and high-level corruption. These charges are based on allegations that she messaged Pfizer’s CEO, Albert Bourla, via SMS in order to conclude a deal over 1.8 billion vaccine doses worth some €35 billion without proper transparency or the consent of EU member states. She claimed the messages were deleted accidentally.

It is on record that the first date for hearing this case was set on May 17, 2024. At this session, the court simply confirmed its jurisdiction over the matter. However, the subsequent session was thwarted by a preliminary objection raised by the EPPO, arguing that von der Leyen was immune from prosecution under her status.

What role did Frederic Baldan play in this case?

A Belgian lobbyist, Frederic Baldan, was the plaintiff in the legal action against Ursula von der Leyen, the European Commission’s President. Baldan was behind the controversy regarding the “Pfizergate” involving allegations that Ursula von der Leyen carried out secret negotiations with Pfizer concerning COVID-19 vaccine contracts and did not pass through the correct channels. 

In 2023, Baldan filed a criminal complaint against von der Leyen for several offences, including abuse of authority, destruction of public documents, and corruption related to her negotiations with Pfizer. He alleges that these acts damaged public finances and violated EU regulations.

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Giuseppe De Vita is a journalist at Brussels Morning News, He is covering European politics, Law and Technology news. Lawyer at De Vita & Partners Law Firm specializing in Criminal Law, Military and Space Law, and Cyber Security. In April 2023, he authored the monograph "Governance in Extraterrestrial Space", showcasing his extensive legal expertise. He has acquired vast experience in handling criminal and civil matters, managing litigation before various levels of jurisdiction across the national territory. In 2010, he obtained a Master's degree in Information Technology Law. Additionally, in the same year, he served as a teacher in criminal-IT subjects at the Penitentiary Police School of Portici, providing courses aimed at officials and managers of the Penitentiary Police and the Penitentiary Administration, focusing on IT security. He also serves as a Workplace Safety teacher, conducting training courses at various organizations and educational institutions. Moreover, he is a lecturer on Anti-Corruption and Transparency. The law firm, under his guidance, assists both private and corporate clients in court, accumulating significant experience in criminal and civil disputes over the years. Furthermore, it conducts Risk Management and Compliance, Cyber Resilience, and Cyber Security activities, with a specific focus on privacy protection (EU Regulation 2016/679 - GDPR). Giuseppe frequently publishes articles in legal journals, analyzing various regulatory issues. He has contributed articles to the legal journal Altalex, of which he is also a member of the Scientific Committee.
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