Despite Niki sales: Air Berlin insolvency hits taxpayers

The insolvent Air Berlin has received a state loan. Meanwhile emerging: The state gets more than half its million again.

The government bridge loan for the bankrupt airline Air Berlin will be almost impossible to pay off with increased sales revenues. In industry circles, it is assumed that the decomposition of Air Berlin, brings at best half of the 150-million-euro loan that issued the State-owned KfW bank and the federal government provided protection again. To date, the repayment of 61 million euros has been made, as the federal government announced at a request of the Left Party. Large sums are no longer to be expected.

It also changes the pending recovery of Air Berlin subsidiary Niki anything from large parts of the British Airways parent company IAG and its low-cost airline Vueling to go. No matter who acquires operating parts of Niki at what price, for the repayment of the loan this money is likely to be unavailable. That this newspaper was confirmed in Air Berlin circles. Earlier this Niki insolvency administrator Lucas Flöther had indicated in the “Handelsblatt”.
The hope was shattered early

The hope of ensuring a Niki-sale the complete repayment had actually been dashed when the German Lufthansa competition concerns of the European Commission withdrew its offer for Niki before Christmas. The Group, the company wanted to incorporate by acquiring shares held by Air Berlin Niki shares for around 190 million euros. IAG and other interested parties after that offered less – not the company itself, but for operating parts.

IAG will pay over the Austrian Vueling unit Anise 20 million euros as a purchase price. This money would be served in separate Niki Proceedings to serve creditors of the Austrian Air Berlin society. The State KfW is not included. She had been enough the loan to the German parent company. The only hope of a complete repayment remains that the Air Berlin Generalbevollmächtige Frank Kebekus and advocate Flöther still enforce claims by Air Berlin. but the method thereof has not yet been initiated.

Main insolvency proceedings for Niki

Meanwhile, it is uncertain whether the agreement to sell a majority of Niki at Vueling endures. The Austrian Landesgericht Korneuburg decided on Friday to open the main insolvency proceedings for Niki there. Such a process is also performed at the district court Charlottenburg. Part of the German procedure is the sale agreement. Although the Berlin Regional Court has ruled that the responsibility should lie henceforth in Austria. But this decision is not final, Niki lodged an appeal before the Federal Court.

For the ordered by the Austrian court, Niki mass manager Ulla Reisch is by no means certain that the sale to Vueling is taken from her. It would be surprising to consider “whether and to what extent it can be said of an enclosed part of the German temporary administrator contract or whether in this respect other recycling alternatives exist,” Reisch said. Flöther is now in a quandary. In Austria, he is asked to hand over all documents to Niki insolvency in Germany, he is obliged to continue its work.

After Air Berlin bust: Niki-acquisition makes hope for cheap tickets

In his view, the opening of the second main insolvency proceedings of the EU Insolvency Act contradicts. He would “examine the available legal steps”. Ultimately remain the opportunity to clarify the jurisdiction question by the European Court. But this could take too long for a recovery of Niki. Vueling can withdraw up to 28 February the purchase contract. So far Flöter will not let it come: “The priority is that the already concluded contract for the Niki-business becomes final and as many jobs will be saved. Competency questions are entirely secondary. ”