TY - JOUR
T1 - Procurement of Covid-19 vaccines: why were legal liabilities transferred to the
public sector?
AU - Borghetti, Jean-Sébastien
AU - Fairgrieve, Duncan
AU - Goldberg, Richard
AU - Howells, Geraint
AU - Machnikowski, Piotr
AU - RAJNERI, Eleonora
AU - Rott, Peter
AU - Pilgerstorfer, Marcus
AU - Silva, Marta Santos
AU - Ulfbeck, Vibe
PY - 2021/1/1
Y1 - 2021/1/1
N2 - he recent release of the Covid-19 vaccine supply contract between the European Commission and Astra Zeneca has caused a political and media storm about vaccine production logistics and supply issues. A lesser noticed but controversial issue revealed by the contract is that of where ultimate liabilities should lie, which has potentially far-reaching consequences for the public purse. Many commercial contracts include so-called indemnity clauses hereby one party contractually agrees to cover liabilities incurred by the other. The European Commission accepted in Article 14 of the agreement an extremely broad indemnity of the manufacturer covering almost any and every defect imaginable whether that be the vaccine’s inherent characteristics, manufacturing / distribution, and storage issues, labelling errors or even problems due to administration of the vaccine. This is a potentially significant burden to place on the state, and ultimately taxpayers.
AB - he recent release of the Covid-19 vaccine supply contract between the European Commission and Astra Zeneca has caused a political and media storm about vaccine production logistics and supply issues. A lesser noticed but controversial issue revealed by the contract is that of where ultimate liabilities should lie, which has potentially far-reaching consequences for the public purse. Many commercial contracts include so-called indemnity clauses hereby one party contractually agrees to cover liabilities incurred by the other. The European Commission accepted in Article 14 of the agreement an extremely broad indemnity of the manufacturer covering almost any and every defect imaginable whether that be the vaccine’s inherent characteristics, manufacturing / distribution, and storage issues, labelling errors or even problems due to administration of the vaccine. This is a potentially significant burden to place on the state, and ultimately taxpayers.
KW - product liability. compensation fund. vaccine. indemnity clauses. deterrence fonction.
KW - product liability. compensation fund. vaccine. indemnity clauses. deterrence fonction.
UR - https://iris.uniupo.it/handle/11579/148465
M3 - Article
SN - 1698-739X
VL - 2
SP - 364
EP - 366
JO - InDret
JF - InDret
ER -