Mask millions: Offenburg's entrepreneur is suing the federal government!

Mask millions: Offenburg's entrepreneur is suing the federal government!

The federal government's mask procurement during the corona pandemic is once again in focus. Joachim Lutz, an entrepreneur from Offenburg, delivered 300,000 masks to the logistics company Fiege in spring 2020, which acted on behalf of the federal government. Although the Ministry of Health had set a price of 4.50 euros per mask, Lutz is still waiting in vain for the payment of 3.8 million euros. After its delivery, an auditor came forward claiming that the masks were defective, which the entrepreneur vehemently denied. Interestingly, the Bavarian State Office of Health has not expressed any criticism of the masks supplied, while the Ministry of Health cites a report from TÜV Nord, which in turn confirmed defects.

On June 12, 2020, the Ministry of Health withdrew from the purchase contract, just five weeks after delivery. Lutz sued for payment and damages because non-payment denied him other orders. While the Bonn regional court partially agreed with Lutz and recognized 1.6 million euros as a due payment without late payment interest, the entrepreneur lodged an appeal. The case is now being heard by the Cologne Higher Regional Court, and more than a hundred other suppliers have taken similar action against the federal government, resulting in a total dispute value of 2.3 billion euros.

Bad planning and criticism of Jens Spahn

During the pandemic, the federal government destroyed more masks than were actually used, which experts criticize as poor planning and overprocurement. This destruction has so far cost the state a whopping 7.5 million euros. Jens Spahn, who was at the forefront as health minister during the procurements, is facing strong criticism. The accusation of nepotism is loud because Spahn awarded the contract to the Fiege company without a tender. In his defense, however, he emphasizes the urgency of acting quickly.

The federal government’s approach remains controversial. In particular, the open house procedure that was chosen is met with skepticism by experts. They speak of a possible collapse of the supply chains and inadequate handling of the situation by those responsible. While the federal government does not comment on ongoing proceedings, it nevertheless emphasizes that it is trying to protect fiscal interests.

COVID-19 and its effects

In the context of this debate, it is essential not to lose sight of the pandemic itself. According to the World Health Organization (WHO), COVID-19 affects people differently. The most common symptoms are fever, cough and fatigue, while serious symptoms such as shortness of breath and confusion require immediate medical attention. Symptoms appear on average 5-6 days after infection, but can take up to 14 days to appear.

It is clear that the challenges facing the federal government are not just financial. Reactions to the handling of mask procurement also raise fundamental questions about efficiency and accountability in healthcare. It remains to be seen how this complex case will progress and what lessons can be learned from the deficiencies currently highlighted.