Lufthansa and Co. want compensation: Will this ruin the last generation?

What is it about?
Which airlines are claiming compensation?
Can the climate activists be sued?
Can travelers sue the climate activists?
What could the penalties look like?
Do potential fines mean the end of the Last Generation?
How successful could the airlines' lawsuits be?

Questions and answers - Lufthansa and Co. want compensation: Will this ruin the last generation?

It was the kind of picture you only see at the start of the summer vacation season: Hundreds of travelers jammed in queues in front of the check-in counters and terminals at Hamburg Airport in mid-July. The only difference was that the mass rush at the start of the summer vacation was a month ago - and the runways were empty. Apart from a handful of activists who blocked the runways in the name of the climate, delaying the summer vacation of hundreds of people.

It was not the first time that climate activists had stuck to the runways. In November and December 2022, the activists annoyed travelers and flight operators. Now there are to be consequences. Lufthansa is demanding money, and other airlines are also considering whether to claim compensation. But can they simply sue the last generation? What does this mean for the climate protest and freedom of assembly? And can Last Generation pay millions? The most important questions and answers:

What is it all about?

On July 13, climate activists from Last Generation blocked the airports in Hamburg and Düsseldorf for several hours. Dozens of flights were canceled as a result. At Düsseldorf airport, 48 flights had to be canceled and two flights were diverted, an airport spokesperson said in response to an inquiry from stern. As a result, flights were delayed into the evening. A total of 55 Lufthansa flights are said to have been affected. Eurowings told stern that 45 flights had to be canceled that day. In a comparable action in Berlin there were ten. Activists had already blocked runways in various cities, including the capital, on several occasions in November and December.

In three cases, climate activists were arrested after sticking to the runways. The police are investigating several people. Lufthansa now wants to claim compensation from the Last Generation.

Which airlines are claiming compensation?

According to Lufthansa, the claims will apply to all airlines in the group, including Eurowings, Austrian Airlines and Swiss. "Eurowings - like all other Lufthansa Group airlines affected - intends to assert claims for damages", a Eurowings spokesperson told stern. Condor is also examining claims for damages "as a result of the airport blockade in Düsseldorf and Hamburg", a spokesperson confirmed on request. Tuifly is also examining a possible claim. However, the companies left open whether they will sue.

A spokesperson for Düsseldorf Airport described the blockade action as a "clear criminal offense to which we are reacting with all the legal options available to us". In addition to the claims for damages, the airport has filed a criminal complaint for "dangerous interference with air traffic, disruption of public operations, damage to property, coercion and trespassing".

Can the climate activists be sued?

That depends on the legal form in which they are organized, said Dörte Poelzig, Professor of Civil Law, Commercial and Corporate Law at the University of Hamburg, to stern. Because no specific legal form is recognizable from the information on the Last Generation website, it can be assumed that it is an ideal association without legal capacity or a company under civil law. "In both cases, Last Generation could be sued," said Poelzig.

Can travelers sue climate activists?

Travelers have the right to sue certain climate activists. However, this only works if the personal details are available, explained Hans-Joachim Blömke, a specialist lawyer for travel law, to "t-online". Of course, travelers can obtain this information directly from the activists. However, it is easier to do this on the street, as travelers generally do not have access to taxiways.

However, travelers cannot cancel their trip due to blockade actions at airports, says the travel rights activist. Nor can they claim their money back from the airlines, as they are not responsible for cancellations and delays.

However, travelers have the right to reach their destination by alternative means of transport, either another flight or by train. This is provided for in the EU Passenger Rights Regulation. And depending on the delay, travelers are also entitled to a free meal at the airport.

What could the penalties look like?

That remains uncertain. If the activists are convicted of dangerous interference with air traffic, as they are accused of by Düsseldorf Airport, they could face a prison sentence of up to ten years. However, according to the Düsseldorf public prosecutor's office, there is "no sufficient evidence of dangerous interference with air traffic". This would require "a concrete danger to life, limb or property of significant value", the public prosecutor's office told the Rheinische Post newspaper. According to previous findings, this was not the case because aircraft were diverted in good time or did not take off.

And how expensive could it be for the last generation? That is also still unclear - although the costs could be calculated on the basis of the flights affected. According to aviation expert Stefan Hinners, each disrupted aircraft could cost five-figure sums. Aviation expert Gerald Wissel reckons with sums of several million. "Hotels had to be booked for passengers, ticket revenues were lost, replacement aircraft had to be found, other crews had to be deployed - that adds up to a lot," he told the Rheinische Post. Lufthansa and Düsseldorf Airport are keeping a low profile on the possible costs when asked by stern.

Last Generation has not yet commented on the announced claims and lawsuits. The activists were also unavailable for a stern inquiry. They are busy training the next generation and organizing further protests, they said in an automatic reply. A wave of protests in Bavaria is imminent, the Last Generation announced in a recent press release.

Do possible fines mean the end of the Last Generation?

According to its own information, the organization is largely financed by donations. According to a transparency report by the Last Generation, more than 900,000 euros in donations were collected in 2022. One of the climate activists' biggest donors is the US Climate Emergency Fund. The Last Generation has already spent 535,000 euros on renting event rooms, apartments for demonstrators and cars. The organization spent a further 100,000 euros on materials such as superglue, posters and high-visibility vests. That leaves a remaining budget of over 380,000 euros.

Heribert Hirte, Professor of Civil, Commercial, Corporate and Business Law at the University of Hamburg, believes it is unlikely that claims for damages will be successfully enforced. "Because if you have no assets, you can't pay anything. It can even happen that the plaintiffs are left with all the costs in the event of a successful judgment," he told stern magazine.

How successful could the airlines' lawsuits be?

This is a controversial issue among lawyers. So far, there has been no landmark ruling in comparable cases. Courts have recently repeatedly convicted climate activists of coercion. Whether compensation payments are due depends, among other things, on whether the activists got onto the tarmac with a flight ticket, damaged something, unlawfully interfered with the airlines' or airports' business operations or acted intentionally and immorally, Poelzig listed.

Courts would have to weigh up the freedom of ownership of airports and airlines against the freedom of expression and assembly of the last generation. The question of whether the end justifies the means is similarly controversial: In other words, whether the goal of climate protection can rule out immorality, Poelzig explained. "How the courts should rule ultimately depends on the individual case and the specific facts and therefore cannot be answered in general terms."

Read also:

Despite facing potential legal actions from airlines like Lufthansa, Eurowings, and Condor, claiming compensation for the disrupted flights due to their actions, the Last Generation continues to plan future protests and train the next generation of climate activists.
The attempt by the airline companies to sue the Last Generation for the disruptions caused by their runway blockades at Hamburg and Düsseldorf airports could face challenges, as the organization is primarily funded by donations, with significant contributions coming from the US Climate Emergency Fund.
As more airlines, including Austrian Airlines and Swiss, consider filing compensation claims against the Last Generation for the delays and cancellations of their flights due to the airport blockades, the total potential costs for the climate activist group could reach millions of euros, based on estimates from aviation experts.

Source: www.stern.de