Air Berlin: Threatens bankruptcy in insolvency?

The money at Air Berlin is scarcer than expected. Nevertheless, the federal government expects to repay the loan. For the salaries of the staff, it could be tight.

The insolvent airline Air Berlin would offer its own flights hardly a day longer. Shortly after, the company has disappeared from the schedules, is becoming apparent that the money in the insolvency proceedings is scarce. Most buyers no longer usable tickets and business partners will hold on to their demands. Advocate Lucas Flöther warned of an “impending mass inadequacy”. At worst, it comes to the so-called “bankruptcy in insolvency”, then Air Berlin cannot even serve all payment obligations that are received after filing for bankruptcy in mid-August.

The Labor Court of Berlin kept the company on Thursday before another load. The Staff Committee cabin failed to urgent requests that Air Berlin had prohibited, among other things, express redundancies.

The salary for employees is uncertain

Despite the tight budget situation, which provides Federal Economics Ministry not to repay the bridge loan from the state-owned KfW bank 150 million euros, said to have been called up now complete. “We continue to believe that the loan can be repaid,” said a spokeswoman. The chances for that are not bad. Through the sale of assets, Air Berlin takes up more than 250 million euros. Lufthansa pays reportedly 210 million euros for the acquisition of the business by 81 aircraft including subsidiaries Niki and LGW. Easyjet obtained 40 million euros for 25 jets. Smaller amounts come from logisticians Zeitfracht, which takes over the cargo division and a shrunken Air Berlin technology.

Of the revenue that will flow only after the antitrust clearances, costs of the insolvency proceedings and ongoing expenditures are to be made. The employees have received since mid-August for three months insolvency money, now Air Berlin has to pay the salaries again themselves. Dismissals Air Berlin has not yet spoken. However, about 2,300 flight attendants are now exempt, according to the Staff Committee cabin. Whether they get their salaries until the last Beschäftigungstag is uncertain in the face of warnings Flöthers. For the repayment of high-interest KfW loan, the money should be enough in the opinion of the familiar, especially since he has to be served first. For the state, the transitional aid would then even have been a profitable business. For the other creditors against it remains hardly anything left.

Staff Committee fails in court, more than half of the approximately 8,000 Air Berlin employees to stay on buying side – but only 1,700 people from Niki and LGW and 360 for maintenance and freight division be transferred directly, the others must reapply. For other employees, the future is open.

Meanwhile, the Staff Committee cabin suffered a defeat in the chamber 38 of the Labor Court of Berlin. Before the decision, the applicant had made it clear that it is about a better negotiating position in upcoming talks her. She asked for information on tender offers for Air Berlin as well as land rights. Only in this way could be achieved “in the upcoming Interessenausgleich- and social plan negotiations the best possible results,” the chairman of the Staff Committee Thomas Salomon said. but the work judges recognized neither urgency nor they saw a legal basis for the information and injunctive relief. The request, Air Berlin impose a ban on dismissal, the Staff Committee withdrew itself. Previously, the company had stated that layoffs are only made if the balance of interests negotiations are completed or the implementation of the single amendment was approved by the court.

Mass inadequacy: Air Berlin creditors probably go empty-handed

The Labor Court pointed out that the bankruptcy procedure was only opened this Wednesday. The administrator can therefore under section 122 Insolvency Act still obtain the approval of the court for an operational change. The collective agreement also provides for a participation of the Staff Committee only in the event of a plant closure – but not for an alleged transfer of operations to which the applicants appealed. An arrangement of the further operation of airplanes should be discounted. Against the decision still lies no appeal before, said a court spokesman. Then the dispute would be a case for the Regional Labor Court of Berlin-Brandenburg.