As you say, Belgian law and court

But applying basic analytical principles ...

The operative part is 5.1: "AZ shall use its Best Reasonable Efforts to manufacture the Initial Europe Doses within the EU for distribution, and to deliver to the Distribution Hubs, following EU marketing authorization" in quantieis and at time which have been redacted.

So the first question is whether AZ has used its Best Reasonable Efforts to do that.

Since Best Reasonable Efforts is defined ENTIRELY by reference to the quality of AZ's "activities and degree of effort ... in the development and manufacture of a Vaccine", they're going to have to show that AZ hasn't made enough effort or hasn't done the right things. It won't be enough for them to say "you could have fulfilled our order by not fulfilling someone else's order". That doesn't show a failure of effort or activity.

Posted By: Old Git, Jan 29, 15:51:59