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Germany's Federal Court of Justice hears billion-euro mask procurement dispute
The German Federal Court of Justice (BGH) is presiding over several high-stakes legal proceedings regarding the procurement of protective masks during the early stages of the COVID-19 pandemic. The disputes stem from an Open-House procedure initiated by the Federal Ministry of Health, which guaranteed unlimited purchases of FFP2 and surgical masks at fixed prices of 4.50 euros and 60 cents, respectively.
Many suppliers are suing the federal government for unpaid contract amounts after the state refused to accept large quantities of goods, citing defects or missed delivery deadlines. The Ministry of Health reports that approximately 90 legal cases are currently pending, with a total value in dispute of roughly 2.3 billion euros.
A central legal question for the BGH is whether the federal government acted lawfully by rescinding these contracts without first setting a deadline for subsequent delivery. While lower courts, such as the Higher Regional Court of Cologne, previously ruled in favor of the suppliers, the BGH is now reviewing whether these transactions constituted 'fixed-date transactions' where immediate delivery was essential. A final ruling on the selected cases is expected on December 15.
Entities
Bundesgerichtshof · Cologne · Federal Court of Justice · German Federal Ministry of Health · Germany · Jens Spahn · Karlsruhe
Claims
What the coverage asserts, and how many sources carry each claim.
- [○ 1 SOURCE] Approximately 90 legal proceedings are currently pending against the federal government regarding the Open-House procurement process. www.focus.de
- [○ 1 SOURCE] The court previously ruled that the federal government's rescission of the mask contracts was invalid due to the lack of a prior deadline. www.beck-aktuell.de
- [○ 1 SOURCE] The court is examining whether the federal government was required to set a deadline for subsequent delivery before rescinding contracts. www.finanznachrichten.de
- [● 2 SOURCES] A ruling on the four selected cases is scheduled to be announced on December 15. www.aerzteblatt.de · www.finanznachrichten.de
- [● 2 SOURCES] The total value in dispute across these pending cases is approximately 2.3 billion euros. www.focus.de · www.wz.de
- [● 3 SOURCES] The government guaranteed a purchase price of 4.50 euros per FFP2 mask and 60 cents per surgical mask during the Open-House procedure. www.focus.de · www.leinetal24.de · www.aerzteblatt.de