Dispute over the F126 frigate project: Damen shipyard is examining claims worth billions against Pistorius

In the dispute over the cancellation of the F126 frigate project, the Dutch shipyard Damen wants to assert billions in payment and indemnity claims against the German Ministry of Defense. In addition, possible breaches of official duties by Defense Minister Boris Pistorius (SPD) must be investigated, said lawyer Peter Gauweiler to the “Süddeutsche Zeitung”.

Pistorius decided to end the project in June. The Dutch company Damen Schelde Naval Shipbuilding (DSNS), initially commissioned as general contractor, was unable to meet the time and financial constraints, the ministry announced at the time. The first frigate with a so-called initial capability was originally supposed to have been delivered in mid-2028, the following ships by 2033. That had recently become completely unrealistic.

“The declared resignation as well as the media-effective termination lacked any legal basis,” Gauweiler now told the newspaper. The damage already amounts to 2.3 billion euros and could increase significantly as a result of claims for damages.

Pistorius sees move from queens

Pistorius had already sharply rejected the accusation of a breach of the law at the end of the billion-dollar frigate project. Statements on behalf of the Dutch Damen Werft were a “prophylactic counterattack in advance of any further development,” said the minister in Berlin in July.

Without wanting to prejudge proceedings that have not yet begun, “it is also publicly known that the Damen Werft knows that there could be claims for damages amounting to 2.3 billion euros on our part,” said Pistorius.

“It is initially legitimate for a company to defend itself against an order being cancelled. “But the basis for this is poor performance on the part of the contractor, and everyone involved knows that,” said Pistorius. And: “To be honest, I’m calm about it. In the end, the lawyers will examine this.” The Ministry of Defense “considered very carefully why we are doing this and that we have to do it in order to prevent further damage to the taxpayer.”