When the corona pandemic broke out, there was a desperate need for FFP2 masks. A federal ministry offered a lot of money – and many retailers procured surprisingly large quantities. That was an expensive affair.
In a dispute with a mask supplier, the federal government suffered a defeat in court. The federal government was ordered to pay around 86 million euros plus interest, the Cologne Higher Regional Court (OLG) announced (6 U 101/23). The lawsuit was brought by the trading company ILTS, which had taken part in an open tender in spring 2020 after the outbreak of the corona pandemic in which the Federal Ministry of Health had promised high prices. As a result, the federal government received many more masks than expected from a large number of dealers.
The ministry later refused to accept a large proportion of the goods. However, the Cologne Higher Regional Court did not consider this to be legal. The ruling could have a certain signal effect for other similar cases that are still pending. It is not yet legally binding.
The Federal Ministry of Health could face billions in costs. This puts the then Federal Minister of Health and current opposition politician Jens Spahn of the CDU under pressure.
Source: Stern
