Air Berlin insolvency administrator Lucas Flöther suffered a bitter legal defeat before the German Federal Court of Justice. The highest court denied the jurisdiction of the German judiciary in connection with the claim for damages brought against Etihad Airways.

Flöther brought an action for damages against the major shareholder in Berlin on behalf of the bankruptcy estate. This countered with a declaratory action, which should confirm the place of jurisdiction in London - according to the contract. A court in the UK recognized international jurisdiction and opened the case. Thereupon Berlin declared itself incompetent and referred to the procedure in London. The trustee moved against this decision to the Federal Court of Justice, as he expects higher chances for the creditors if the proceedings are conducted in Germany. The BGH dismissed this request, which is why the action for damages can only be heard in the United Kingdom.

Just recently, Lucas Flöther brought one in his role as insolvency administrator Claims for damages against a subsidiary of Deutsche Börse. He takes the view that, due to Brexit, it has become the personally liable partner of the limited partnership. The proceedings have not yet been opened.