The Federal Administrative Court has ruled that the Swiss government must make public its procurement contracts for COVID-19 vaccines with companies including Moderna and Novavax. The judgment upholds a freedom of information request, stating that no exceptional grounds for confidentiality were met.

"No exceptional grounds specified in the law were met that would allow access to be denied."
"There was no reason to fear that Switzerlandâs foreign policy interests would be jeopardised."
The wall of silence surrounding Switzerland's pandemic procurement has finally cracked. In a landmark decision published this Tuesday, the Federal Administrative Court delivered a stinging rebuke to the Federal Office of Public Health (FOPH), ordering the immediate disclosure of COVID-19 vaccine contracts. This ruling marks a pivotal victory for transparency, forcing the government to lift the veil on its dealings with pharmaceutical titans including Novavax, Moderna Tx, and Moderna Switzerland.
For years, the specific terms of these high-stakes agreements have remained hidden behind a fortress of bureaucracy. The FOPH had staunchly rejected Freedom of Information requests as recently as late 2023, attempting to keep the public in the dark. However, the court has now sided unequivocally with three private citizens who dared to challenge the state's opacity. This decision signals a dramatic shift in the balance of power, asserting that in a democracy, the government cannot conduct billion-franc business in the shadows without accountability.
The government's defense for secrecy has completely collapsed under judicial scrutiny. The court's judgment was scathing in its dismissal of the FOPH's justifications, stating flatly that "no exceptional grounds" existed to deny public access. The administration had attempted to argue that revealing price points and delivery conditions would jeopardize Switzerland's foreign policy interestsâa claim the judges rejected as baseless.
Furthermore, the court found a glaring lack of evidence to support the notion that confidentiality was necessary regarding pricing structures. The burden of proof lay with the state to demonstrate why these commercial details required state-secret levels of protection, and they failed to deliver. This legal dismantling serves as a stark reminder to federal offices: vague assertions of "national interest" are no longer a
A staggering CHF 1.3 billion ($1.5 billion) in tax money has already been incinerated in the form of unused vaccines, a statistic that fuels the public's demand for answers. This context turns a legal dispute into a matter of urgent fiscal responsibility. While the government was fighting to keep contracts secret, it was simultaneously disposing of massive stockpiles of expired doses. The juxtaposition of this colossal waste against the FOPH's refusal to disclose contract terms has created a volatile political atmosphere.
Citizens are now asking critical questions: Did the government sign unfavorable deals? Were the cancellation clauses non-existent? Without access to the contracts, these questions remained matters of speculation. Now, with the court's ruling, the Swiss public stands on the precipice of understanding exactly how their money was managedâor mismanagedâduring the height of the global crisis. The disclosure of these financial terms is not just about history; it is about accountability for a billion-franc bill that the taxpayer has already footed.
While the judgment is not yet legally binding, the shockwaves are already being felt across Bern. The government may still attempt to appeal, dragging the process out further, but the moral and legal precedent has been set. This ruling serves as a warning shot to all federal departments: the era of automatic confidentiality for private-public partnerships is ending.
If the ruling stands, it will force a rewriting of the playbook for how Switzerland negotiates with multinational corporations. No longer can pharmaceutical giants expect total shielding from public scrutiny when dealing with Swiss federal funds. As the country moves forward from the pandemic era, this decision ensures that the lessons learned will be based on hard facts and actual figures, rather than redacted documents and bureaucratic silence. The eyes of the nation now turn to the government's next moveâwill they accept transparency, or fight to keep the shutters closed?