Its not clear cut.

AZ ure under a Best Reasonable Efforts obligation to try and supply a certain number of doses to the EU by March and indeed a number of other dates although this odes have a footnote saying "subject to regulatory approval" which of course the EU hasn;t given yet.

The doses to be supplied to the EU can include doses manufactured in the UK.

The question then becomes whether "Best Reasonable Efforts" can be taken to include diverting doses intended for another customer under a contract with them. Personally, I would say its hard to see how it can at this stage when the EU is 3 months behind in the whole process but i'm not a commercial litigator and its probably something that will need to be arbitrated or settled in the courts unless some deal is struck.

One thing that is clear is that (if you ignore the leaving out of the word reasonable) Von de leyen was wrong (or being deliberately misleading) when she said that any obligation was not Best Reasonable Efforts.

Posted By: Jim, Jan 29, 13:01:35