The German Federal Constitutional Court has rejected complaints from Air Berlin's insolvency administrator. Lucas Flöther wanted to challenge a total of eight judgments by the Federal Labor Court. However, the highest judges did not accept the petitions.
The background to this is that the Federal Labor Court has declared the mass dismissal of Air Berlin pilots to be ineffective in various cases. According to the ruling, the airline or the insolvency administrator have made the legally required notification to a federal employment agency that is not responsible. Furthermore, essential information should have been missing. The Federal Labor Court overturned the terminations. On the other hand, Flöther, in his function as insolvency administrator, went to the Federal Constitutional Court, but was defeated.
It is still unclear what effects the decision will have on the pilots concerned. Financial claims may well arise as the dejure employment relationship was never terminated. However, in the Air Berlin case, mass inadequacy is indicated. As a result, the financial resources may not be sufficient.