The Düsseldorf Higher Regional Court has overturned a decision by the German Federal Cartel Office (Bundeskartellamt) against Lufthansa. The First Cartel Senate, presided over by Judge Alexandra Poling-Fleuß, ruled in favor of the aviation group, as the court announced Wednesday.
The case concerned the termination of a special agreement between Lufthansa and Condor dating back to 2020. Condor utilizes Lufthansa’s short-haul flights to connect them with its own long-haul services. In 2022, the Federal Cartel Office had deemed the termination to be anti-competitive and obligated Lufthansa to renegotiate.
The Higher Regional Court has now overturned this decision due to procedural irregularities. Members of the Cartel Office’s decision-making panel had recused themselves, citing concerns of bias, including the dispatch of a differing version of an original note during document access. The ruling is not yet final and is subject to appeal.