Federal Court Overturns Acquittal in COVID-19 Mask Import Case

Germany's Federal Court of Justice has overturned the acquittal of two men by the Regional Court of Nuremberg-Fürth in a case concerning the import of COVID-19 protective masks. The decision means the trial, which previously saw charges significantly reduced and acquittals granted, must be retried.

The prosecution had appealed the lower court's verdict, and the Federal Court of Justice found that the Regional Court of Nuremberg-Fürth had conducted a flawed assessment of the evidence. The original charges alleged fraud involving millions of euros, but these were reduced by the prosecution during the initial trial to a remaining accusation concerning goods valued at approximately 18,000 euros. Even for this reduced amount, the lower court found no culpable conduct by the defendants.

One of the two men, a local politician from the Free Voters party, was initially convicted of document forgery for copying a stamp and signature. He received a fine of 2,500 euros. The case also notably involved testimony from Bavaria's Economy Minister, Hubert Aiwanger.

The defendants had imported large quantities of masks from China during the COVID-19 pandemic, selling a significant portion to the Bavarian State Office for Health and Food Safety (LGL). However, the quality of these masks was unclear, and the trial revealed a lack of certainty within the LGL itself regarding their specifications, with one participant describing a "Wild West" mentality in purchasing decisions.

The Federal Court of Justice indicated that the defendants themselves had provided indications that they might have been aware of the inferior quality of the masks they sold. The retrial will be heard by a different chamber of the regional court.