Air Berlin's insolvency administrator Lucas Flöther suffered a defeat in the matter of carbon dioxide emission certificates before the European Court of Justice. For the masses, the lawyer went to court to sue for the allocation of free certificates, which was discontinued after the bankruptcy.

The case was submitted by the Administrative Court of Berlin to the European Court of Justice for a preliminary decision. He rejected the request of the insolvency estate of the former airline. The background to the lawsuit is that Air Berlin was allocated free emissions certificates for the period from 2012 to 2020. These can be traded and some have also been sold.

After insolvency and the cessation of flight operations, the German authorities no longer issued any certificates to Air Berlin. However, these are quite valuable and could have been sold for the benefit of the creditors. Added to this is the fact that Air Berlin has also done this, and those that were promised for 2018 had already been sold before August 2017. But you didn't get this.

Therefore, insolvency administrator Flöther first went to the administrative court in Berlin. This submitted the case to the European Court of Justice for a preliminary decision. This was to Air Berlin's disadvantage, so that the German court will most likely accept the verdict.