The Federal Court of Justice (BGH) is poised to deliver rulings on six of seven pending legal cases concerning the procurement of face masks by the Federal Ministry of Health (BMG) during the COVID-19 crisis. A BGH spokesperson confirmed to the news portal T-Online that decisions are anticipated later this year.
These cases involve appeals against previous court decisions denying permission for revision – a process where a higher court reviews rulings from a lower instance. The claimants are suppliers of respiratory masks who received contract awards in 2020 under the Federal Ministry’s “Open-House” procedure, initiated by then-Minister Jens Spahn (CDU). The Ministry has, in numerous instances, refused to settle corresponding invoices over the past several years.
Reasons cited for the withheld payments include delayed deliveries, substandard goods and, more recently, allegations of inflated pricing. One of the proceedings involves claims totaling €85.6 million, which, with accrued interest, now exceed €120 million.
The Federal Court of Justice would only review the previous rulings for legal errors if permission for revision is granted. In a seventh case, already deemed a special circumstance by the Higher Regional Court of Cologne, a company is pursuing damages despite not receiving a contract award. The court anticipates delivering a decision on the mutually granted revision in this case during the first quarter of 2026.
