The Federal Court of Justice (BGH) is poised to deliver rulings on six out 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 the anticipated decisions to the news portal T-Online.
The cases involve appeals against previous court decisions that initially denied permission for appeals to the Federal Court of Justice (known as non-admission appeals). These appeals are being pursued by both the Ministry and the suppliers.
The plaintiffs are mask suppliers who received contract awards in 2020 under the Federal Ministry’s Open-House procedure, initiated by then-Minister Jens Spahn. The Ministry has, in numerous instances, refrained from settling related invoices over the intervening years. Justifications cited include delayed deliveries, substandard goods and, more recently, concerns regarding inflated prices.
One of the cases specifically involves claims totaling €85.6 million, which, with accrued interest, now exceeds €120 million. Should the Federal Court of Justice grant permission for a full review (revision) of the lower court’s rulings, it will examine them for legal errors.
A seventh case, previously designated as a special case by the Higher Regional Court of Cologne, is currently undergoing a similar review process. In this instance, a company is seeking damages despite not having received a contract award. The court anticipates issuing a decision concerning the permitted mutual review in this seventh case in the first quarter of 2026.