No additional compensation – court dismisses survivors’ lawsuit in Germanwings trial

In the trial for additional compensation for victims' relatives after the crash of a Germanwings plane with 150 deaths, the Braunschweig regional court dismissed the lawsuit. In the Chamber's opinion, the surviving dependents can assert equivalent claims against Germanwings GmbH. Therefore, they are not entitled to compensation for pain and suffering arising from official liability against the Federal Republic of Germany.

The judge referred to the Montreal Convention, which regulates liability in international air transport. On this basis, injured parties could in principle assert both their own claims for compensation and those that have been transferred to them.

30 survivors are each demanding up to 110,000 euros from the Federal Republic of Germany. The plaintiffs are convinced that the co-pilot's fitness to fly was not adequately monitored at the time. In their view, the aeromedical reports with regard to possible mental illnesses were also not far-reaching enough.

Among the 150 occupants of the crashed plane were 16 students and two teachers from the high school in Haltern am See in North Rhine-Westphalia, who were on their way back from a student exchange in Spain. The disaster caused great consternation and sadness.

Lawsuit should provide “clarity”.

Even after the trial began in Braunschweig at the end of August, Klaus Radner said: “Well, I see our chances at one percent.” He lost his daughter, a grandchild and his daughter's boyfriend in the plane crash in the Alps. Radner believed that many organizations and people had failed. “And we just want to name those responsible and have them convicted,” he said at the time.

The aim of the lawsuit is to provide clarity and to ensure that a case like this never happens again, said Engelbert Tegethoff, who lost a daughter in the crash, after the start of the trial. “It’s not about the money,” he emphasized. “The goal is to ensure that a catastrophe like this never happens again.” Then, from his point of view, people's deaths wouldn't have been completely pointless.

Lufthansa made payments after the accident. According to previous information from the airline, next of kin received 10,000 euros in compensation per person, and 25,000 euros were also paid for each fatality as so-called inheritable compensation.