Court Orders Swiss Government to Disclose COVID-19 Vaccine Contracts

The wall of silence surrounding Switzerland's pandemic spending has finally cracked. In a landmark decision that demands accountability, the Federal Administrative Court has ordered the Swiss government to disclose the confidential contracts signed with pharmaceutical giants for Covid-19 vaccines. This ruling marks a decisive victory for transparency advocates and three private citizens who refused to accept the Federal Office of Public Health's (FOPH) refusal to open its books.

For years, the specific details regarding agreements with Novavax, Moderna Tx, and Moderna Switzerland have remained hidden behind a veil of bureaucracy. The FOPH had staunchly rejected access requests as recently as late 2023, citing the sensitivity of the data. However, the court has now overruled these objections, asserting that the public's right to know supersedes the government's desire for secrecy. This is not merely a procedural update; it is a fundamental shift in the balance of power between the state and its citizens regarding public health procurement.

The government's justification for opacity has been systematically dismantled. Government lawyers argued that revealing the details of these high-stakes contracts would jeopardize Switzerland’s foreign policy interests—a claim the court flatly rejected. In a stinging rebuke, the judges stated there were "no exceptional grounds" to deny access under the Freedom of Information Act.

Furthermore, the court found a glaring lack of evidence to support the claim that confidentiality was necessary regarding prices or delivery conditions. The burden of proof lay with the state to demonstrate why taxpayer-funded agreements should remain in the dark, and they failed to provide a compelling case. This ruling exposes the fragility of the government's reliance on "commercial confidentiality" as a blanket shield against public scrutiny. While the judgment is not yet legally binding and could face an appeal, it sends an undeniable signal: the era of unquestioned secrecy in health procurement is ending.

This demand for transparency arrives against a backdrop of staggering financial waste. The urgency to see these contracts is fueled by the revelation that Switzerland has disposed of unused Covid-19 vaccines worth a colossal CHF 1.3 billion ($1.5 billion). This figure, released in April 2025, highlights the massive scale of public funds that evaporated due to over-procurement and expiration.

Citizens are now rightfully asking: What exactly did we sign up for? The disclosure of these contracts could shed critical light on the terms that led to such an expensive surplus. When billions of francs in taxpayer money are incinerated in the form of expired vials, the public interest in the contractual obligations—specifically regarding purchase minimums and pricing structures—is undeniable. The court's ruling bridges the gap between abstract legal arguments and the concrete reality of wasted public resources.

While the government may still attempt to appeal, the momentum has shifted irrevocably. This judgment sets a powerful precedent for future government procurement, signaling that "emergency" situations do not grant the state permanent immunity from the Freedom of Information Act. The Federal Administrative Court has drawn a line in the sand, reinforcing that democratic oversight applies even to the most complex pharmaceutical dealings.

As Switzerland grapples with the retrospective analysis of its pandemic management, this ruling serves as a critical checkpoint. It ensures that the FOPH and the army pharmacy operate with the understanding that their decisions—and the contracts that bind the nation—will eventually face the light of day. For the Swiss public, this is a reaffirmation that the government answers to the people, not just to the boardrooms of global pharmaceutical giants.