The Higher Administrative Court of North Rhine-Westphalia in Münster has made a far-reaching decision regarding operations at Düsseldorf Airport, dismissing the lawsuit filed by ground handling company Aviapartner against the state of North Rhine-Westphalia. In its ruling of March 5, 2026, the responsible panel fully upheld the legality of the selection process for ground handling services at the state's largest airport.
In December 2022, the Ministry for the Environment, Nature Conservation and Transport awarded three licenses for passenger and aircraft handling to the companies Wisag, AAS, and Acciona. Aviapartner, which had previously operated as a service provider at the airport for many years, felt disadvantaged in the selection process and alleged procedural errors and a flawed evaluation of the bids. However, the court rejected this argument in the main proceedings and ruled that the awarding of the licenses was in accordance with the legal requirements of the Ground Handling Ordinance. This decision ends years of legal uncertainty for the airport and the service providers involved. For Aviapartner, the defeat represents a further economic setback, as the company is already undergoing insolvency proceedings under its own administration.
Legal basis and the process through the courts
The legal dispute began in January 2023, shortly after the new licensing period was officially announced by the Ministry. In Germany, the market for ground handling services at airports is regulated by the Ground Handling Ordinance (BADV), which ensures a competitive environment at major airports. Three concessions are planned for Düsseldorf Airport for so-called ground-based services, which include, among other things, loading and unloading aircraft, baggage handling, and the transport of passengers and crews on the apron.
Aviapartner had filed a lawsuit against its exclusion from the selection process and simultaneously initiated preliminary injunction proceedings to halt the implementation of the new licenses. However, the company suffered an initial defeat in March 2023 when the Higher Administrative Court rejected the preliminary injunction application. At that time, the court already saw no overwhelming likelihood of success in the main proceedings. With the now-issued judgment in the main proceedings (Case No. 20 D 10/23.AK), the Senate has upheld its preliminary assessment and clarified that the selection criteria were applied transparently and without discrimination. No legal or procedural errors could be proven, which strengthens the position of the State of North Rhine-Westphalia as the awarding authority.
Importance for the stability of the Düsseldorf Airport location
For Düsseldorf Airport, the ruling is of considerable importance for planning certainty. Ground handling services are the backbone of daily flight operations; delays or quality deficiencies in this area lead directly to flight delays and negatively impact the passenger experience. With the confirmation of the concessions for Wisag, AAS, and Acciona, it is now clearly defined which companies will be responsible for handling traffic in the coming years.
Wisag, one of Germany's largest service providers in this sector, welcomed the ruling through its legal representatives. The law firm DLA Piper, which advised Wisag in the proceedings, emphasized that the decision creates important legal certainty for future tendering processes under the Ground Handling Ordinance. Such contracts are highly complex, as they must consider not only economic aspects but also operational efficiency, safety standards, and social criteria. The court ruling will provide authorities with a more reliable guideline for how to justify such selection decisions in a legally sound manner.
Economic crisis at Aviapartner
The legal defeat comes at a time when Aviapartner is already in a precarious financial situation. The company, which operates internationally as one of the leading ground handling providers, recently filed for insolvency proceedings under self-administration. The loss of the concession at Düsseldorf Airport, one of Germany's most important airports, is a significant blow. Ground handling is a capital-intensive business with low margins, where the volume of aircraft handled is crucial for profitability.
Without the long-term prospect of a license at the Düsseldorf location, the company's options for maintaining operations in the region are dwindling. Industry experts point out that while insolvency proceedings under self-administration represent an attempt at restructuring, the loss of a core market significantly complicates this process. Meanwhile, competitors Wisag, AAS, and Acciona have already consolidated their capacities at the location and are preparing for the increasing passenger numbers of the upcoming travel season.
Impact on competition in ground transport
The Higher Administrative Court's decision has implications beyond Düsseldorf. Many German airports regularly face the challenge of renewing licenses when their statutory validity periods expire. The confirmation of the Münster ruling demonstrates that government authorities have considerable discretion, as long as the process is formally correct. For airlines operating at Düsseldorf Airport, the end of the legal dispute means a more stable partnership with their ground handling service providers.
A functioning competitive market between three providers at the airport is intended to ensure that prices for airlines remain moderate while maintaining high service quality. Critics of the current system often complain that the BADV (Federal Office for Goods Transport) leads to complicated legal disputes that could paralyze operations. The recent ruling counters this criticism by protecting the administration's final decision-making authority in technically sound selection processes. As long as there are no obvious arbitrary decisions, the authority's discretionary powers remain intact.
Future prospects for future procurements
Legal experts and industry professionals will carefully analyze the written justification of the ruling to gain insights for future tenders. The ground handling regulations have been the subject of discussions for years regarding potential liberalization or stricter government control. The current ruling confirms the existing system and the procedures of the Ministry of Transport in North Rhine-Westphalia.
For employees at Düsseldorf Airport, the court ruling also brings an end to the uncertainty surrounding their employer structure. Changes in service providers often trigger complicated personnel transfer regulations, which can be further complicated by lengthy legal disputes. With the judgment now legally binding, Wisag, AAS, and Acciona can make long-term investments in equipment and personnel at the site, ultimately benefiting the overall efficiency of the airport. This case clearly demonstrates how closely intertwined legal frameworks and the operational efficiency of critical infrastructure are.