Coronavirus Crisis: BGH to Settle Mask Dispute in Upcoming Year
The Federal Court of Justice is set to make a decision on a series of disputes between the Federal Ministry of Health and suppliers over unpaid invoices related to the procurement of respiratory masks during the COVID-19 crisis.
These disputes, which have been ongoing since 2020, stem from the ministry's refusal to settle invoices due to issues such as delayed delivery, defective goods, or excessive prices. The plaintiffs in the six pending cases are suppliers who received order surcharges within the framework of the open tender procedure.
The status of these non-admission appeals has seen legal proceedings at least at the administrative court level. For instance, an administrative court ruling in Cologne in January 2023 ordered the health ministry to disclose files from 2020 related to these measures.
However, the specific role of the Federal Court of Justice in these appeals is not detailed in the available information. The court is expected to make a decision on six out of seven pending cases this year, with the seventh case being handled separately.
The seventh case is unique as it involves a company suing for damages rather than an order surcharge. The decision on the seventh case is expected in the first quarter of 2026.
If the Federal Court of Justice rules in favour of the suppliers, the ministry could potentially be required to pay significant amounts of money. The financial implications of these cases are substantial, with one of the cases involving claims amounting to 85.6 million euros, which have now increased to well over 120 million euros with interest.
These developments were first reported by the news portal T-Online. The cases have been ongoing for some time, and the Federal Court of Justice is expected to make a decision on them this year.
References: [1] T-Online, "Mask procurement by the Federal Ministry of Health during the COVID-19 crisis: Federal Court of Justice to decide on disputes over payment refusals," [Date of Publication], URL.
The Federal Court of Justice's impending decision on the disputes could have significant consequences for the involved suppliers, as they could potentially receive large sums of money from the Federal Ministry of Health. These disputes, which originated from unpaid invoices related to the procurement of respiratory masks in the industry, have been ongoing since 2020 and involve both finance and business matters. The six cases being reviewed by the court arise from order surcharges within the open tender procedure, while the seventh case involves a claim for damages, with the decision expected in the first quarter of 2026.
