DLA Piper successfully represents Luftfahrt-Bundesamt against claims filed by insolvent Air Cargo Germany

DLA Piper has successfully represented the Federal Aviation Agency (Luftfahrt-Bundesamt LBA) in state liability proceedings relating to the closure of the operations and the insolvency of ACG Air Cargo Germany GmbH (ACG). The Braunschweig Regional Court dismissed the action brought by ACG's insolvency administrator in the first instance on 5 February 2025 (Case No. 7 O 3879/16).

In the proceedings initiated in 2016, the insolvency administrator of ACG claimed damages in the amount of approx. EUR140.9 million from the Federal Republic of Germany, represented by the German Federal Aviation Agency, under state liability.

In April 2013, the LBA had suspended ACG's operating license with immediate effect due to the lack of ACGs “economic performance” in the sense of aviation law and the associated threat to air traffic safety. The preliminary injunction proceedings initiated under administrative law by ACG against this decision were declared closed in May 2013 due to ACG's insolvency in the meantime.

In the proceedings before the Braunschweig Regional Court, ACG's insolvency administrator argued that the allegedly unlawful suspension of the operating license and its immediate enforcement had caused the company's insolvency and the resulting economic damage. The court disagreed.

DLA Piper advised the LBA with a team led by partner Prof Dr Ludger Giesberts (Regulatory/Aviation Law) with senior associate Dario Westarp (Regulatory/Aviation Law) in the core team and counsel Dr David Buntenbroich (Insolvency Law; all Cologne).