Berlin, 6 October 2026. Today Braunschweig Regional Court dismissed a claim against the Federal Republic of Germany brought by 30 bereaved families of the Germanwings crash that took place on 24 March 2015. The 7th Civil Chamber of Braunschweig Regional Court held that there are no claims for official liability against the Federal Republic of Germany due to the priority of compensation available from the airline.
In the court’s opinion, potential claims against Germanwings GmbH constitute an alternative equiva‑lent means of obtaining compensation in the meaning of Section 839(1), second sentence, of the German Civil Code (BGB). Under this provision, a civil servant may only be held liable for a negligent breach of official duties if the injured party is unable to obtain compensation by other means. The Chamber established that claims against the Federal Republic of Germany based on official liability are therefore ruled out. Nor in the view of the Court are additional grounds for claims asserted by the claimants founded.
“In its decision, the Regional Court has upheld the key importance of the principle of subsidiarity in official liability. According to this principle, state liability is conditional upon the affected party having no other equivalent means of obtaining compensation,” comments Dr Tobias Masing, partner at Redeker Sellner Dahs. Together with a team of fellow Redeker colleagues, including Prof Dr Ulrich Karpenstein, Dr Michael Lurz‑Hempelmann, LL.M. (Glasgow) and Rebekka Hans, Dr Tobias Masing acted as counsel for the Federal Republic of Germany in the proceedings.
The claim concerned possible state liability in connection with the crash of Germanwings Flight 9525 on 24 March 2015. The aircraft crashed in the French Alps en route from Barcelona to Düsseldorf. 150 people lost their lives in the crash.
The judgement is not yet final and binding. An appeal against the decision may be filed with Braun‑schweig Superior Regional Court within a period of one month.
