Lufthansa-Condor case decision reversed by the Higher Regional Court in Germany, contrary to the ruling of the German Competition Authority.
On Wednesday, the Higher Regional Court (OLG) Düsseldorf ruled in favor of Lufthansa, overturning a 2022 order by the Federal Cartel Office (FCO) that found the airline had abused its market dominance by terminating a historical feeder flight agreement with Condor.
The decision was made by the First Senate, led by Judge Alexandra Poling-Fleuß, and was primarily based on formal illegality and procedural errors by the FCO. Concerns about bias among members of the FCO’s Decision Division also played a role in the overturning.
The court did not rule on the substantive question of Condor’s entitlement to feeder flights but focused on the FCO’s flawed handling of the case. Earlier, the OLG Düsseldorf had already granted Lufthansa interim relief in May 2024, doubting the legality of the FCO order. The Federal Court of Justice confirmed this interim ruling in December 2024.
A parallel European Commission investigation into Lufthansa's transatlantic joint venture (A++ Joint Venture with United Airlines and Air Canada) was also closed without sanctions after Lufthansa successfully argued that Condor was not adversely affected, as Condor continued long-haul flights from Frankfurt even after the agreement was terminated.
The ruling ends a nearly three-year legal dispute that began when Lufthansa terminated the agreement in 2021 to expand its holiday flight business through Discover Airlines. The court victory confirms Lufthansa's right to terminate these preferential agreements legally.
The impact of this ruling on Lufthansa, Condor, and the aviation industry is not yet clear. The specific details of the court's ruling regarding the alleged bias within the Federal Cartel Office are also not explicitly stated.
| Aspect | Details | |-------------------------------|------------------------------------------------------------------------------------------------| | Legal dispute status | Higher Regional Court Düsseldorf ruled in Lufthansa’s favor (2025) | | Reason for overturning FCO order | Formal illegality, procedural errors, and concerns about bias in FCO’s Decision Division | | Impact on Condor | Condor lost the right to preferential feeder flights under the SPA; forced to develop own feeder network | | Parallel European Commission investigation | Closed without action against Lufthansa |
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