Noerr advises Condor on takeover of Air Berlin Aviation GmbH

Noerr has advised the airline Condor and its parent company Thomas Cook on the takeover of Air Berlin Aviation GmbH. The subsidiary of the insolvent company Air Berlin PLC & Co. KG is currently undergoing the approval procedure for obtaining a flight licence and has already set up the required structures with the necessary postholders.

The purchase of the company fits in with Thomas Cook Group Airlines’ plans to expand capacity in the German market due to higher demand. Air Berlin Aviation is to be included in Condor’s summer flight schedule with six planes once the flight permit has been issued. The company is currently hiring pilots and flight attendants for this purpose.

Noerr provided comprehensive legal advice and representation to Thomas Cook/Condor during the insolvency proceedings of the Air Berlin Group. This related to both the entire bidding procedure and the winding up of operational contractual relationships between the tour operator and the insolvent airline, as well as antitrust issues. Noerr first advised the Thomas Cook Group on insolvency law in 2009, during the insolvency of its then majority shareholder, Arcandor AG.

Advisors to Condor Flugdienst GmbH and Thomas Cook plc: Noerr LLP

Dr Thomas Hoffmann (Restructuring & Insolvency, Frankfurt/Berlin), Dr Holger Alfes (Corporate/M&A, Frankfurt, both leads), Dr Laurenz Wieneke (Capital Markets, Frankfurt), Dr Hans-Christoph Schimmelpfennig (Employment & Pensions), Uwe Erling (air traffic law, Munich), Alexander Israel (Antitrust & Competition, Brussels)

Associates: Dr Andrea Braun (Restructuring & Insolvency), Philip Schmoll (Capital Markets, both Frankfurt)