The German federal government has already incurred legal expenses of €91 million related to disputes over the procurement of coronavirus protective masks, according to a response from the Federal Ministry of Health. This response, addressed to a request from Left Party parliamentarian Ates Gürpinar and reported by the Redaktionsnetzwerk Deutschland, indicates that the actual costs are likely even higher.
A comprehensive overview of the total expenses, broken down by legal instance, is currently unavailable, according to the ministry.
The legal battles stem from protective masks procured in 2020 under a system established by former Federal Minister of Health Jens Spahn (CDU), where masks were purchased at fixed prices through an “open-house” procurement process. Many of the masks acquired through this method proved to be defective and the federal government subsequently rejected their acceptance. Mask manufacturers are now suing the government for a total of €2.3 billion. A significant number of these legal proceedings are still ongoing.
The response to the parliamentary request reveals that the government has already paid manufacturers €390 million, resulting in 120 settlements or clarification agreements. The government has won six cases with a combined dispute value of approximately €4.7 million. Two cases were lost at the conclusion of legal proceedings, resulting in damages payments of €110,000.
Parliamentary groups from the Left and Green parties are actively seeking support from coalition parliamentarians to establish a parliamentary investigation committee to examine the mask procurement process. Gürpinar stated that a dispute value of €2.3 billion remaining unresolved warrants full scrutiny and prevents simply moving on to other business.