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Parliamentary Question · No. B/758 · Series B Answered

the case lodged before the First Instance Court in Spain to recover the 1.8 million euros paid to Pack and B…

Asked by
Mr Ramdass
Third Member · Vieux Grand Port and Rose Belle
Addressed to
Health and Wellness
Minister of Health and Wellness
Sitting
Tuesday, 19 May 2026
Question 50 of 86
The question, as placed

(No. B/758) Mr A. Ramdass (Third Member for Vieux Grand Port & Rose Belle) asked the Minister of Health and Wellness whether, in regard to the case lodged before the First Instance Court in Spain to recover the 1.8 million euros paid to Pack and Blister Distribuciones Farmaceuticas SL located in Spain for the acquisition of 50 medical ventilators which proved to be faulty on delivery and the incidental storage and legal fees being incurred in relation thereto, he will state where matters stand.


The exchange, in full
The Minister of Information Technology, Communication and Innovation (Dr. A. Ramtohul)

Mr Deputy Speaker, Sir, with your permission, I will reply to this question on behalf of my colleague, Hon. Minister Bachoo. I would like to first thank the hon. Member for this question. The House would recall that the previous government had during COVID-19, through the STC, procured 50 ventilators from Pack and Blister, Distribuciones Farmaceuticas SL located in Spain, against an outright payment of 1.8 million euros. These ventilators were found to be defective and not according to the specifications, Mr Deputy Speaker, Sir. Initially, a Spanish law firm, Ferran Abogados and Associados, was enlisted by the previous government to recover the 1.8 million euros from Pack and Blister. However, it is no surprise to anybody that not much progress was made. But as a responsible Government, we cannot accept to let go of the 1.8 million euros as this fund comes from the hard work of our people. Therefore, further to the advice of the Attorney General's Office, the Ministry of Health and Wellness retained the services of another Spanish law firm, namely Pérez-Llorca Law Firm. After several consultations, this law firm advised that an action may be brought for performance or termination of the contract under Article 1124 of the Spanish Civil Code against Pack and Blister. Alternatively, an action for defective performance could be brought under Article 1166 of Spanish Civil Code. Accordingly, on 29 April 2026, the Spanish law firm sent correspondence to Pack and Blister, initiating an alternative dispute resolution proceeding, whereby the sums of euro 2,216,390.65, inclusive of interest, and Rs41,181.50 are being claimed. The offer established a one-month deadline for acceptance, and response is being awaited. Thank you, Mr Deputy Speaker, Sir.

The Deputy Speaker

I already have one question because time is already over.

Mr Ramdass

Thank you, Mr Deputy Speaker, Sir. This acquisition dates back to 2020 and it involves a significant amount of taxpayers' money. In view of the risk of the supplier raising a potential defence of the claim being time-barred, may we have a clear indication as to when the proceedings will be launched, if any?

Dr. Ramtohul

Sure. As responded in the substantive part of my answer, we made this offer on 29 April 2026, giving them one month notice, which implies that by 28 May 2026, we expect a response, failing which, the Ministry will decide, under the advice of the hon. Attorney General, on the way forward. Thank you.

The Deputy Speaker

Hon. Members, the Table has been advised that the following PQs have been withdrawn: B/759, B/760, B/761, B/762, B/763, B/764, B/765, B/768, B/769, B/772, B/773, B/774, B/775, and B/780. Time is over.