Welcome to European Tribune. It's gone a bit quiet around here these days, but it's still going.
Can the EU win a case against AstraZeneca? I'm not convinced, Tory barrister dissembling
Both contracts (the one, published previously, which I used as an example in my last post, and today's) are what the EU calls advance purchase agreements, or APAs.
< wipes tears >
What our courts say is that if you wanted the contract to say X, you should have written it as X. If they wanted a strict guarantee, they should have written in a strict guarantee. If parties write they must use best efforts, it means they must use best efforts. Attempts to erode that or increase the burden bump headfirst into this problem.
norms and international law contagion story developing ...
by Cat on Fri Jan 29th, 2021 at 05:31:22 PM EST
[ Parent ]
Looks like the Commission is as hopeless with PDF files as the US Army. Information that was supposed to be hidden, such as how much the vaccines cost, turns out to be easily readable.
by gk (gk (gk quattro due due sette @gmail.com)) on Fri Jan 29th, 2021 at 08:25:05 PM EST
[ Parent ]

Would it work under Belgian law?

If so, it would come as surprise to me. But then, I am not qualified in Belgian law. Where Belgian law differs from our law it does so by having a `good faith' principle in contract.

And selling doses to other countries while being under contract to use their reasonable best efforts to deliver the due doses, doesn't sound not very much as a `good faith' interpretation.

I did not in the contract see where disputes would be settled, so I assume Belgium. If it legally matters I also noticed in the contract that AstraZeneca kept Astras old adress as the common adress, so AstraZeneca is incorporated in Sweden.

by fjallstrom on Tue Feb 2nd, 2021 at 09:09:47 AM EST
[ Parent ]


Occasional Series