# German court Brexit jurisdiction legal dispute

> Live situation record from CLSTR: https://clstr.news/situations/german-court-brexit-jurisdiction-legal-dispute
> Updated: 2026-09-15T11:54:40.000Z. Sources: 14. Developments: 2.

The German Federal Court of Justice (BGH) has referred legal questions to the European Court of Justice (ECJ) concerning the validity of jurisdiction clauses in antitrust damage claims following Brexit. 

The dispute involves German savings banks suing VISA, alleging that certain restrictions violate EU competition laws. The core legal issue is whether jurisdiction clauses favoring English courts, established in membership agreements governed by English law, remain enforceable in antitrust proceedings now that the Brexit transition period has ended.

## Claims

- The government guaranteed a purchase price of 4.50 euros per FFP2 mask and 60 cents per surgical mask during the Open-House procedure. (corroborated by 3 sources)
- The total value in dispute across these pending cases is approximately 2.3 billion euros. (corroborated by 2 sources)
- A ruling on the four selected cases is scheduled to be announced on December 15. (corroborated by 2 sources)
- Approximately 90 legal proceedings are currently pending against the federal government regarding the Open-House procurement process. (single source)
- The court is examining whether the federal government was required to set a deadline for subsequent delivery before rescinding contracts. (single 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. (single source)

## Timeline

### 2026-09-15: Germany's Federal Court of Justice hears billion-euro mask procurement dispute

The German Federal Court of Justice is hearing cases regarding a multi-billion euro dispute over COVID-19 mask procurement contracts initiated during the 2020 pandemic.

12 sources. https://clstr.news/cluster/germanys-federal-court-of-justice-hears-covid-19-mask-procurement-disputes

### 2026-09-03: German Federal Court of Justice refers Brexit jurisdiction questions to ECJ

The German Federal Court of Justice has referred questions to the ECJ regarding the enforceability of English jurisdiction clauses in antitrust lawsuits following Brexit.

2 sources. https://clstr.news/cluster/german-federal-court-of-justice-refers-brexit-jurisdiction-questions-to-ecj

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Cite as: German court Brexit jurisdiction legal dispute. CLSTR, https://clstr.news/situations/german-court-brexit-jurisdiction-legal-dispute