Spahn hires dozens of lawyers: Large mask orders result in a number of lawsuits

Saturday, January 23, 2021

Spahn hires dozens of lawyers
Large mask order leads to a number of lawsuits

In spring Germany needed one thing above all else: masks. In order to organize the goods in bulk, Health Minister Spahn went to great lengths to guarantee a fixed price. But then there was a dispute about the quality of the goods. The complaints are increasing – and that costs millions.

Because of problems related to the procurement of protective masks in the spring, the Federal Ministry of Health appoints dozens of lawyers. At times, around 50 lawyers from the consulting firm Ernst & Young (EY Law) were involved, according to a response from the ministry to a request from the Left Group. As of January 5, the Bonn Regional Court had 58 lawsuits pending in the matter with a total value of 142 million euros.

For the lawyers of EY alone, the ministry spent nine million euros last year, reported the "Spiegel", which had reported on the response from the Ministry of Health. So far, the ministry has spent a total of 30 million euros on consultants who should help with the procurement of protective equipment. A further 33 million euros are planned for this year.

The legal problems surrounding the procurement of masks date back to last spring. In order to buy large quantities of masks as quickly as possible, the Ministry of Health Minister Jens Spahn had guaranteed interested dealers a purchase at a fixed price.

Ministry: 85 percent of the masks can be used by the end of the year

This so-called open-house procedure caused trouble: According to the ministry in August, 40 percent of the laboratory tests revealed that suppliers had offered defective goods. Conversely, manufacturers complain that the ministry does not pay for masks supplied.

In its response to the left-wing parliamentary group, the CDU-led ministry also pointed out that quality deficiencies in the masks are generally the exception. "According to the current state of knowledge and testing, more than 85 percent of the masks procured will be marketable and thus usable for the health sector across all procurement channels by the end of 2021," the answer said.

The left-wing health politician Sylvia Gabelmann, who is one of the authors of the query, accused Spahn of failing: The open-house process was "chaotic and unregulated" and led to the "squandering of tax revenue."