Munich (dpa/lby) - The Free State does not have to pay for a failed mask deal: On Friday, the Munich I Regional Court dismissed a lawsuit brought by a Franconian entrepreneur who had hoped to sell corona protective masks to the state of Bavaria. The lawsuit was about damages of 1.58 million euros after a deal to buy medical masks at the beginning of the corona pandemic finally collapsed.
The main issue before the court was whether an oral contract had been concluded or not. The decisive factor was a phone call between the head of the Bavarian Ministry of Health and an acquaintance of ex-Health Minister Melanie Huml (CSU), who was supposed to broker the business for the entrepreneur friend.
The district court dismissed the lawsuit because, in the opinion of the civil division, the import company ultimately could not prove that a contract had come about between it and the Free State of Bavaria. Even after the agreement on a certain unit price per mask, it was still unclear whether the masks offered by the plaintiff even met the Free State's quality requirements. There was therefore a lack of a binding agreement on the specific quality features of the masks.
