Germanwings victims' relatives sue German state for damages over flight 4U 9525 oversight

Lawsuit opens against the German state

A new civil trial concerning the 2015 Germanwings crash begins on Friday at 10:00 at the Landgericht Braunschweig. Thirty relatives of victims are pursuing state liability claims against the Federal Republic of Germany, which is represented in the proceedings by the Federal Aviation Office (Luftfahrt-Bundesamt, or LBA). The plaintiffs are seeking additional compensation ranging between 500 euros and 110,000 euros per person. Düsseldorf attorney Julius Reiter, who represents the families, explained that the legal action is driven by a search for accountability rather than purely monetary restitution.

Legally, these proceedings are a claim for damages, but no money in the world can replace a lost human being.

Allegations of regulatory and medical failures

The case stems from the crash of Germanwings Flight 4U 9525 on 24 March 2015, which killed all 144 passengers and six crew members in the French Alps. The victims included 16 high school students and two teachers from the gymnasium in Haltern am See who were returning from an exchange program in Spain. Investigations established that 27-year-old co-pilot Andreas Lubitz deliberately crashed the Airbus A320 into a mountain after locking 34-year-old captain Patrick Sondenheimer out of the cockpit. Lubitz had adjusted the autopilot target altitude from 38,000 feet down to 100 feet after the captain briefly stepped outside.

The plaintiffs argue that authorities failed to properly monitor the co-pilot's fitness to fly and neglected statutory requirements during aero-medical examinations. Lubitz had interrupted his flight training in 2008 because of severe depression and reported suicidal thoughts to a flight school doctor before resuming training under medication. In the months leading up to the disaster, he suffered a severe relapse and feared going blind, yet remained certified for commercial service. The relatives contend that inadequate oversight of psychiatric vulnerabilities made the disaster possible.

Preceding litigation and state responsibility

Over the past decade, families brought multiple lawsuits against Lufthansa, Germanwings, the group flight school in Arizona, and insurer Allianz Global Corporate & Specialty. Those claims were dismissed by regional courts in Essen and Frankfurt, as well as by the Higher Regional Court in Hamm. The judges ruled that the parent airline could not be held liable for statutory medical examinations. In June 2022, the Frankfurt court determined that only the state could bear liability for aviation medical oversight.

Guaranteeing aviation safety is a state task performed by the Federal Aviation Office.

Lufthansa previously distributed compensation to relatives, providing 10,000 euros per next of kin in pain and suffering, alongside 25,000 euros per deceased victim in inheritable damages. Following the earlier court rulings, the claimants redirected their legal demands to the state in July 2023.

Outlook for the proceedings

The civil chamber at the Braunschweig court issued a written order in late May indicating that the lawsuit faces low chances of success. The decision came three and a half years after the initial filing against the aviation authority. Despite the difficult legal outlook, the plaintiffs intend to use the trial to examine administrative oversight and establish whether aviation safety procedures require systemic revisions. Proceedings before the court commence on Friday morning.