The German federal government has made substantial payments in court proceedings concerning the purchasing of face masks, even before a final, legally binding decision has been reached. According to the Ministry of Health’s response to the Green parliamentary group, the ministry arranged for the deposit of approximately €790 million to prevent the enforcement of judgments in twelve separate cases.
This massive sum highlights the financial risks stemming from the mask procurement handled during the tenure of former Minister Jens Spahn (CDU) in the spring of 2020. Subsequently, over 100 suppliers initiated lawsuits because the ministry neglected to make payments. The case remains complex, with the Federal Court of Justice (BGH) set to rule in the final instance this September. Across all ongoing proceedings, the outstanding amount exceeds €2.3 billion, excluding interest.
In recent developments, several mask distributors secured victories before the Higher Regional Court in Cologne in the second instance since summer 2024. In several of these cases, which saw the suppliers awarded millions of euros, the Cologne judges ruled that the judgments were provisionally enforceable, requiring the Ministry of Health to make payments to the plaintiffs prior to any final BGH ruling. However, the ministry was able to avert enforcement by placing the owed funds in a judicial deposit. If the federal government prevails at the BGH, the money will be returned to the state; otherwise, it will be paid out to the suppliers.
Capital further reported that these extensive security deposits are financed through a previously undisclosed account managed by the Federal Finance Administration. The Ministry of Health specified that this is a preliminary account established specifically for court proceedings related to the acquisition of masks during the SARS-CoV-2 pandemic.
Green MP Paula Piechotta pointed out that these massive security deposits exposed the enormous budgetary risks inherent in the mask purchases under Spahn. Furthermore, the expert sharply criticized the health department’s process strategy. She suggested that the accumulation of these sums currently, during financially strained times, likely resulted from the ministry delaying the handling of the claims for years in hopes of minimizing the political fallout-an effort, she concluded, that failed completely.
