Court Ruling: Lufthansa Not Obligated to Prioritize Condor Passengers - Lufthansa is not compelled to prioritize seating for Condor passengers on its flights.
The Düsseldorf Higher Regional Court (OLG Düsseldorf) has ruled in August 2025, declaring the 2022 order by Germany's Federal Cartel Office invalid, which had previously required Lufthansa to give preferential feeder flight access to Condor passengers.
The court overturned this order on procedural grounds, not on the substantive issue of whether Lufthansa held a dominant market position or abused it. As a result, Lufthansa is no longer legally obligated to favor Condor passengers for flights to Frankfurt and can terminate the special agreements it previously maintained with Condor.
This legal dispute originated at the end of 2020 during the COVID-19 pandemic when Lufthansa sought to end its cooperation with Condor to instead grow its own holiday flight business via its subsidiary, Discover Airlines. Condor challenged Lufthansa's move successfully before the Federal Cartel Office, which ruled that Lufthansa's actions possibly constituted market abuse due to its dominant position. However, the Higher Regional Court's recent ruling nullifies the Cartel Office's previous decision due to procedural errors, effectively siding with Lufthansa.
The implications of this ruling are significant for both airlines and the German aviation market. Without preferential feeder flights from Lufthansa, Condor has been forced to develop its own feeder network independently across Germany and Europe, partnering with other airlines to maintain connectivity to its hubs in Frankfurt and Düsseldorf. This network is much smaller and more costly compared to the former Lufthansa-connected system, posing financial and logistical challenges for Condor and raising questions about its long-term competitiveness in long-haul markets.
On the other hand, Lufthansa's position is strengthened by the court's decision, confirming that it can legally end its special treatment of Condor. Nevertheless, Lufthansa continues to provide feeder flights to Condor passengers on standard contractual terms, such as interlining agreements, though no longer on preferential conditions.
The case underscores the complexities of antitrust regulation in the aviation sector, where formal procedural issues can decide outcomes even when substantive market dominance claims remain unsettled. The ruling follows a December 2024 judgment by Germany’s Federal Court of Justice rejecting Condor’s claims and prior attempts by the European Commission to temporarily reimpose feeder agreements, all of which have now been effectively resolved in Lufthansa's favor.
In summary, the Düsseldorf Higher Regional Court's decision marks a pivotal legal and operational turning point in the longstanding and complex relationship between Lufthansa and Condor, highlighting both the challenges smaller competitors face against dominant airline groups and the strategic necessity for Condor to build an independent feeder network to sustain its business.
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