The German Federal Court of Justice (Bundesgerichtshof) has begun hearing arguments in four pivotal lawsuits concerning a 2.3 billion euro dispute over pandemic-era face masks, according to reporting from dpa and ZDF. The proceedings, which took place in Karlsruhe on September 16, 2026, center on the controversial “Open-House-Procedure” launched by the Federal Ministry of Health in the spring of 2020 under then-Minister Jens Spahn.
The Open-House-Procedure and Multi-Billion Euro Liability
During the initial surge of the COVID-19 pandemic, the Federal Ministry of Health utilized an open-house procurement model allowing any interested supplier to provide FFP2 masks to the federal government at a fixed net price of 4.50 euros per piece, as reported by dpa. According to dpa, far more companies participated than anticipated. The federal government subsequently refused delivery or rescinded contracts for a large portion of the order, citing delayed shipments or defective merchandise.
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Suppliers—many of whom acted as intermediaries purchasing stock from third-party manufacturers—responded by filing lawsuits across various regional courts. According to the Federal Ministry of Health data cited by dpa, approximately 90 legal proceedings remain active, involving a total disputed sum of 2.3 billion euros. Prior rulings in Bonn and Cologne yielded mixed results: the Ministry reported 15 legally binding verdicts, with the government losing four cases totaling 4.2 million euros and winning eleven cases totaling 59.5 million euros.
Federal Court of Justice Review and Wider Legal Implications
The Federal Court of Justice in Karlsruhe is reviewing four selected muster proceedings (including docket number VIII ZR 131/24) that could establish binding legal precedents for the remaining open cases. Three of these cases involve suppliers demanding full contract payment from the government, while one involves a federal claim seeking partial repayment from a company for funds already disbursed, according to dpa.
In December 2025, the German Federal Audit Office (Bundesrechnungshof) criticized the government’s handling and evaluation of the mass mask purchases.
Political Reactions and Parliamentary Scrutiny
Christina Baum, a member of the Bundestag’s Health Committee and the Enquete-Kommission zur Aufarbeitung der Corona-Pandemie for the Alternative for Germany (AfD) party, issued a statement criticizing the procurement strategy. Baum claimed that the initial purchases were executed without adequate risk planning and asserted that the subsequent litigation places the financial burden of disputed contracts onto taxpayers.
The AfD parliamentary group has called on the federal government to disclose all internal memos, agreements, and contracts associated with the open-house procurement framework. Meanwhile, related legal investigations involving Jens Spahn were formally discontinued by courts in March 2026, according to dpa broadcasts.
Frequently Asked Questions
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- What is the total financial value of the mask lawsuits against the German government? According to Federal Ministry of Health figures reported by dpa, active litigation involves approximately 90 lawsuits totaling 2.3 billion euros in disputed claims.
- Why did the federal government refuse to pay for the masks in 2020? The Ministry of Health cancelled numerous contracts and refused delivery because shipments arrived past agreed deadlines or failed to meet quality standards.
- What is the role of the Federal Court of Justice (BGH) in these cases? The BGH is reviewing select muster cases to establish definitive legal principles that will guide roughly 90 pending lower-court proceedings across Germany.
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