The German federal government has incurred €91 million in legal expenses related to disputes over the procurement of coronavirus protective masks. This figure, revealed in a response from the Federal Ministry of Health to a request from Left Party parliamentarian Ates Gürpinar, highlights the complexities and costs surrounding mask purchases during the pandemic.
According to the ministry’s reply, the total legal costs are likely to be higher than the disclosed amount, as a comprehensive overview detailing expenses at each level of the judicial process is currently unavailable.
The legal battles stem from the procurement of protective masks in 2020 by then-Federal Minister of Health Jens Spahn (CDU) under what was known as an “open-house” procedure, where masks were purchased at fixed prices. Many of the masks acquired through this method proved to be defective, leading the federal government to reject their acceptance. Consequently, mask manufacturers have initiated legal action against the government seeking a total of €2.3 billion in compensation. Numerous court proceedings are still ongoing.
Data from the response to the parliamentary request indicates the government has already paid €390 million to manufacturers involved in 120 settlements or clarification agreements. The government has won six cases with a total claim value of approximately €4.7 million. Conversely, it has lost two cases definitively, resulting in compensation payments of €110,000.
Parliamentary groups from the Left and Green parties are actively seeking support from coalition parliamentarians to establish a mask inquiry committee. Gürpinar stated that the significant claim value of €2.3 billion warrants a thorough investigation and prevents the issue from being simply dismissed.
