lunes, mayo 27

Inicia batalla ante los tribunales entre comisión Europea y AstraZeneca

La Comisión Europea (CE) y AstraZeneca deslizaron este miércoles, en una vista prevista para fijar el calendario judicial, algunos de los argumentos que desarrollarán ante el tribunal belga que deberá decidir si el laboratorio anglosueco violó los términos del contrato con el Ejecutivo comunitario sobre su vacuna contra la COVID-19.

Esa primera vista argumental, que estará abierta al público, se celebrará el próximo 26 de mayo ante el tribunal francófono de primera instancia de lo civil de Bruselas, pues el contrato remite a la jurisdicción belga, al estar la sede de la Comisión en Bruselas, en un proceso con carácter urgente que se espera termine antes de julio, si bien cabe apelación.

Pero ante la presencia de medios de comunicación, y pese a que la audiencia de 35 minutos de este miércoles era sólo para acordar un calendario entre las partes y el juzgado, tanto los abogados que representan a la Comisión Europea -Rafaël Jafferali y Paul Alain Foriers, del despacho Simont Braun- como el letrado de AstraZeneca -Hakim Boularbah- trazaron las líneas argumentales con las que intentarán convencer al tribunal.

“Cada día cuenta”, dijo Jafferali ante la jueza, asegurando que el contrato firmado con la farmacéutica “prevé la utilización de una cantidad de sitios de producción que AstraZeneca todavía hoy, en violación del contrato, no utiliza”.

Una suposición que Boularbah -ataviado con una mascarilla negra con la bandera de doce estrellas de la Unión Europea- replicó señalando que eso es “lo que desearía” la Comisión, no lo que dice el contrato.

Jafferali no expresó qué reclaman la Comisión y los Estados miembros de la UE ante la corte, pero el portavoz de Salud de la CE, Stefan De Keersmaecker, indicó tras la audiencia en la rueda de prensa diaria de la institución que Bruselas no persigue una indemnización económica sino que “el objetivo es que las dosis que tendrían que haber sido entregadas por la compañía se entreguen”.

El letrado comunitario, que ya ha litigiado con Boularbah en pleitos entre asociaciones de consumidores de Bélgica contra Facebook o Ryanair, subrayó que “es importante cerrar lo antes posible la primera fase de la vacunación para poder impulsar cuanto antes la economía”.

La Comisión, que recabó el respaldo de los Veintisiete países de la UE para denunciar al laboratorio, esperaba 30 millones de dosis de AstraZeneca en diciembre y otros 100 a final del primer trimestre. Ese calendario no se ha respetado.

La farmacéutica anglosueca, que produce y distribuye la vacuna basada en adenovirus que ha desarrollado la Universidad de Oxford, entregó 29,8 millones de dosis en el primer trimestre de 2021 y espera haber entregado un total de 100 millones a finales de junio, frente a un total de 300 millones de dosis esperadas.

Por su parte, el abogado de AstraZeneca señaló que los países de la UE apenas están recurriendo a la vacuna de su cliente tras algunos episodios fatales de trombos.

Agregó que hay más de 8 millones de vacunas de AstraZeneca “en stock” en la UE y que esta misma semana se entregarán otros 14 millones de dosis.

Recordó, además, que la propia presidenta de la Comisión, Ursula von der Leyen, dijo la pasada semana que “confía” en que se pueda vacunar al 70 % de los adultos europeos para el mes de julio, dos meses antes que el objetivo que se había marcado inicialmente la CE.

Esencialmente, la Comisión Europea quería acortar los plazos del proceso ante la urgencia de obtener más dosis, mientras que la defensa de AstreZeneca alegaba la necesidad de disponer de tiempo para preparar un juicio complejo en el que habrá que explicar el proceso de producción de una vacuna, con documentos confidenciales y los términos de un contrato redactado en inglés, que habrá que traducir.

Antes de cerrar la fecha de la próxima audiencia, un abogado independiente intervino por sorpresa ante el tribunal para hacer saber que, tal y como prevé la legislación belga, se reservaba el derecho de intervenir más adelante en el proceso como parte contra AstraZeneca, pero declinó decir en nombre de qué cliente ni qué circunstancia podría motivar su participación.

Por: Agencia

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