In a dispute over corona masks, the federal authorities is threatened with a cost obligation of just about half a billion euros. The Hamburg textile retailer Pure Vogue Company insists on an settlement from March 2020, which, based on its interpretation, was a gross sales contract. There will likely be an oral listening to earlier than the Bonn Regional Courtroom on Wednesday (12 p.m.) (file #1 O 213/25). The decision is predicted in a number of weeks.
The corporate depends on telephone calls and emails with the then Federal Minister of Well being Jens Spahn (CDU) and with officers from the ministry. She is demanding 287 million euros plus curiosity, which, based on the plaintiff, provides as much as 464 million euros. The ministry, nonetheless, doesn’t take into account the communication to be a gross sales contract.
The case is certainly one of quite a few authorized disputes surrounding masks purchases that Federal Ministry of Health Launched in 2020 shortly after the beginning of the corona pandemic. At the moment, the ministry obtained commitments for a lot bigger portions than anticipated. This grew to become a monetary drawback as a result of costs have been excessive on the time of the pandemic and fell shortly afterwards: the costs have been too excessive.
Particulars about e mail communication
Numerous courts have already dominated in favor of different masks plaintiffs who had procured Corona protecting tools. Nevertheless, their items weren’t accepted by the federal authorities or have been rejected as faulty, which the suppliers considered as a violation of the regulation. Usually that ended up in court docket, the suppliers prevailed. The federal authorities should due to this fact put together for prime funds.
The process earlier than the Bonn regional court docket is completely different. The query right here is whether or not the acquisition contract is sure or no. Federal Minister Spahn requested textile retailer Matthias Timm for assist by phone on March 8, 2020. Spahn and the corporate boss then exchanged emails during which the enterprise was promoted. He needs this “to be legally binding right now […] “In order that the masks find yourself with us in D (Germany),” wrote Spahn on March ninth. And later: “Now I need these items to be legally binding ;-).” Transport questions are regulated accordingly. “So, I’m out of right here for now, I’ll type out the sensible relaxation with my folks.” The emails can be found to dpa.
Is that this a gross sales contract?
Later, Pure Vogue did not get the contract. The ministry argued that the corporate was not respected and doubtless had a “poor credit standing”. This justification is astonishing, for the reason that ministry purchased protecting tools from Pure Vogue a short while later. “That is unnecessary and reveals that this can be a pretextual justification that our shopper was by no means knowledgeable about,” says Pure Vogue lawyer Dennis Geissler.
He additionally complains a couple of lack of communication from the ministry. A 12 months in the past he made a settlement provide for 175 million euros, however by no means obtained a solution. “The clock has been ticking ever since, with round 80,000 euros in enforcement curiosity being added on daily basis.” We’re nonetheless keen to check.
Function of a Swiss firm with CSU contacts
A Swiss firm, however, obtained a big order, despite the fact that their provide was dearer than that of Pure Vogue. The daughter of a former CSU politician was the mediator. The Swiss firm’s provide ended up instantly with Spahn by way of CSU channels, as will be seen from the masks affair report by particular investigator Margaretha Sudhof (SPD) from 2025. “The truth that Mr. Spahn apparently all of a sudden didn’t wish to know something concerning the first, massive order given to Pure Vogue may point out that he wished to do somebody a favor,” says Pure Vogue lawyer Geissler.
Spahn is now the parliamentary group chief CDU/CSU within the Bundestag. A parliamentary group spokesman says that Spahn rejects “speculative allegations”. “Through the pandemic, Mr. Spahn’s sole concern was to acquire enough protecting tools regardless of not figuring out how the pandemic would proceed.”
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