Jens Spahn's mask deal costs us millions: The taxpayer must now pay

Mask orders from the coronavirus era are costing German taxpayers dearly in retrospect. Then-Health Minister Jens Spahn (CDU) ordered millions of masks at the beginning of the pandemic. Several companies are now taking legal action against the Ministry of Health at the Bonn Regional Court. The proceedings involve a total of 480 million euros.

Although the companies hadn't delivered any masks to the government within the original delivery deadline, they would be willing to deliver them later, albeit at the then-agreed price of €4.50 per FFP2 mask. Such face masks are now available for significantly less, as little as ten cents each.

Cologne court rules in favor of mask companies

At the beginning of the year, the Cologne Higher Regional Court ruled in favor of a supplier in a similar case. The federal government may not allow a mask deal to fail by citing a missed delivery date, the court's 8th Senate ruled in the second instance. Last summer, the 6th Senate had already argued the same thing in another case. These cases also involve sums of millions.

But even if all lawsuits are ultimately dismissed, taxpayers will already have to pay for immense sums: The state has spent a high double-digit million amount on the legal disputes alone. This was revealed by a written inquiry from the AfD parliamentary group in the Bundestag last April, to which the response is now available.

Member of Parliament Sebastian Münzenmaier wanted to know: "What total amount has the Federal Government spent up to April 25, 2025, on legal services, legal advice, representation, etc. in legal disputes with companies that wanted to supply or have supplied protective equipment during the coronavirus pandemic (including court and litigation costs, and please break down by year)."

The answer from the Parliamentary State Secretary in the Ministry of Health, Edgar Franke (SPD), is short and to the point: “The legal consulting costs within the scope of the annex costs amount to around 86 million euros.” This sum is not broken down by year.

"The wave of costs that Spahn, as a health minister with a habit of making orders, prematurely and unnecessarily unleashed during the coronavirus crisis is still rippling through," says Münzenmaier in an initial reaction: "Millions of taxpayers' money were wasted completely senselessly in this overzealous manner." He is reminded of the eraser order from Loriot's film "Papa ante portas." "Unfortunately, we're not dealing with a film comedy, but with the fatal blunder of the then health minister Spahn. What would lead to dismissal in any company, however, apparently calls on someone in the CDU/CSU to take on serious tasks. This is truly a political indictment."