Xavier Azalbert, France-Soir
#URSULAGate – von der Leyen's resignation, all of Europe is talking about it
France-Soir, AFP
Despite the silence of the French mainstream media, under pressure not to talk about this "serious" legal case, the #UrsulaGate affair has just taken a new turn by entering the last stretch of the European elections. The complaint against Ursula von der Leyen, Albert Bourla, Pfizer and BionNTech was filed by Frédéric Baldan and other parties, including Poland and Hungary. Ursula von der Leyen's request for resignation was made by Baldan and announced in the media, including Euronews. The information going viral is being reported in many European media. And in France?
Request for resignation and withdrawal of von der Leyen's candidacy
On May 28, 2024, Me Protat, lawyer for Frédéric Baldan, sent a lawyer's letter to the 27 European leaders and Manfred Weber, president of the EPP (European People's Party) of which von der Leyen is a member.
The complainant makes three very direct requests:
- to the Council (editor's note: and therefore to the 27 leaders) : "to refer the matter to the Court of Justice for the purpose of pronouncing the automatic resignation and forfeiture of the right to pension of von der Leyen but also of all the commissioners Europeans composing its Commission",
- to the European People's Party: "to withdraw the candidacy of von der Leyen for the post of President of the European Commission",
- "to prohibit anyone from presenting the candidacy of Mrs. von der Leyen for the post of President of the European Commission, or any other post within the European institutions, provided that she is the subject of criminal proceedings".
In addition, Me Protat's formal notice was accompanied by a period of eight days for the Council to justify the act under penalty of "initiating all legal proceedings against you in order to ensure the respect of the fundamental rights" of her client Frédéric Baldan.
#UrsulaGate – background of the affair
The main case concerns the negotiation of vaccine purchase contracts during the covid crisis through SMS exchanges between Ursula von der Leyen and Albert Bourla CEO of Pfizer. The other contractors do not appear to have received such personal treatment, and therefore could be deprived of privileged information in an act of unfair competition.
Requested repeatedly by several parties, including the bonsens.org association, France-Soir, the contracts remain blacked out and the text messages remain secret, even though they were financed by public funds. Further to a request from France-Soir, the Commission approached vaccine suppliers to ask for their agreement to lift certain aspects of confidentiality linked to the contract. Moderna and Janssen agreed. Pfizer objected. As a result, AskTheEu.org published an answer on May 29, 2024 in English, while the language of exchange used was French, they also indicated that the answer in French was coming! In law, as long as the response has not been sent in the correct language, the response is void. A better use of public funds for justice, transparency, and respect for citizens can be made!
Von der Leyen and the commission are therefore engaged in a refusal to be transparent on these documents, contributing "to breaking the legitimate trust that citizens should be able to have in all members of the European Commission" according to Me Protat's letter. Furthermore, she adds: "it is clear that von der Leyen and the members of her Commission can no longer exercise their functions", and that this "violates the principle of good administration provided for in Article 41 of the fundamental rights Charter".
Frédéric Baldan therefore assesses that this situation causes serious harm to fundamental rights and that "this situation must be urgently remedied".
Legal basis for the request
Me Protat bases his request on Articles 245 and 247 of the Treaty on the Functioning of the European Union (TFEU) which would be the accomplishment by von der Leyen of an act incompatible with her functions and serious misconduct
Frédéric Baldan's complaint was filed on April 5, 2023, before the Belgian authorities, in the person of investigating judge Frédéric Frenay. Today nearly 500 plaintiffs have joined the complaint, including Poland, Hungary (information revealed exclusively by France-Soir on March 17, 2024 and taken up by Politico only on April 1) as well as political parties and sailors.
During the settlement hearing held on May 17, 2024, in Liège, followed by a press conference on May 18, 2024, Frédéric Baldan and the other plaintiffs contested the role and legitimacy of the involvement of the prosecution. European Union (EPPO), which asked to take up the matter. Under European law, the EPPO is only supposed to investigate, prosecute and judge perpetrators of criminal offenses affecting the EU budget. And Ursula von der Leyen has confirmed on several occasions that it is the Member States who placed the order.
Frédéric Baldan and Me Protat assess that "the intervention of the EPPO is to take up the case in order to declare all the civil parties inadmissible, without targeting the two member States, and thus "cancel the entire procedure ". Which would contribute to a real abuse of law and a form of legal coup d'état, depriving Member States of their legal sovereignty.
The commission and the executive office are well aware of the matter. Eric Mamer, Chief Spokesperson, declared to France-Soir that he "had no comments to make on the legal proceedings in Liège". And does not comment on the actions of the EPPO which itself plays an obscure role both in legal terms and in its communication.
Neither the commission nor the other vaccine manufacturers are parties to the complaint. New plaintiffs, including member states, are reportedly set to join the complaint. To be continued.
The resignation request consulted by France-Soir is attached.