EU begins legal action against Aztrazeneca over 'breach of contract'(euronews.com)

EU begins legal action against Aztrazeneca over 'breach of contract'

https://www.euronews.com/2021/04/26/eu-begins-legal-action-against-aztrazeneca-over-breach-of-contract

1 comments

Hamuko5 yıl önce

I imagine the cornerstone of this litigation will be the term "Best Reasonable Efforts", which has the following definition in the contract for AZ:

>"in the case of AstraZeneca, the activities and degree of effort that a company of similar size with a similarly-sized infrastructure and similar resources as AstraZeneca would undertake or use in the development and manufacture of a Vaccine at the relevant stage of development or commercialization having regard to the urgent need for a Vaccine to end a global pandemic which is resulting in serious public health issues, restrictions on personal freedoms and economic impact, across the world but taking into account efficacy and safety"

There's also language in the contract where AZ seems to promise that it is not under any kind of contractual obligation with another party that might hinder the fulfillment of the EU contract:

>"AstraZeneca represents, warrants and covenants to the Commission and the Participating member states that: […] it is not under any obligation, contractual or otherwise, to any Person or third party in respect of the Initial Europe Doses or that conflicts with or is inconsistent in any material respect with the terms of this Agreement or that would impede the complete fulfillment of its obligations under this Agreement"*