Air Berlin had to file for bankruptcy in the summer of 2017 and still employs a large number of those who have been judged. A debt collection agency was now right before the Federal Court of Justice, because the Federal Court of Justice has assigned numerous claims and introduced them in the form of a kind of class action.

The insolvency administrator defended himself against this lawsuit, but failed before the Federal Court of Justice. A lawsuit against the former managing director of Air Berlin, but which in the previous instances ended in favor of the manager, was referred back to the court of origin by the BGH.

The Berlin Chamber of Commerce dismissed the action in an appeal judgment, but the Federal Court of Justice overturned the judgment. The first instance had to deal with the allegation of the delay in bankruptcy by the management of Air Berlin.

The judgment regarding the assignment of the claims could well be trend-setting, because the provider advertised that one asserts ticket reclaims. A commission of 35 percent is only due in the event of success. If there is nothing to get, the debt collection service provider is left with the costs. In these proceedings, it is accused that the Air Berlin management filed for insolvency too late and thus the accusation of delaying insolvency is in the room. This could trigger private liability on the part of the manager. The trustee tried to fend off the “class action”, but the Federal Court of Justice found that the business model of the debt collection agency would not violate the Legal Services Act. This decision could be of interest in other proceedings against active airlines that are fighting with hands and feet in court against the assignment of claims.