Etihad Dealt Blow in Fight for Air Berlin Code Shares
Court upholds German government's decision to rescind code-share rights on 29 routes
A co-branded Air Berlin Airbus A320 taxis at Zurich International Airport. (Photo: Flickr: Creative Commons (BY-SA) by Alec@B92)

A German court on Wednesday upheld a government decision to withdraw code share rights between Eithad Airways and Air Berlin on 29 flights through the end of its winter schedule, drawing a sharp rebuke from the Persian Gulf airline and a pledge to appeal the decision. Etihad holds a 29.2 percent stake in Air Berlin.


“The social and economic damage to Germany by this decision is significant,” said Etihad in a written statement. “The withdrawal of approval for code share services on 29 routes materially reduces competition and consumer choice within and beyond Germany and causes inconvenience to passengers.”


In October Etihad won an injunction allowing it to continue operating all its code-share flights with Air Berlin to the 29 destinations in Europe, the U.S. and the United Arab Emirates. At the time, Germany’s Federal Ministry of Transport and Digital Infrastructure had still not approved Etihad’s code-sharing agreements for services during the IATA winter 2015/2016 schedule, which began October 25.


Although the injunction lasted until only November 8, the German government said the two carriers could continue their cooperation until January 15, giving it another 11 weeks to resolve differences with the UAE over what Etihad characterized as a unilateral change of opinion in 2014 by Germany’s Ministry of Transport concerning the code-share provisions of their bilateral air services agreement.


Since 2012, Germany’s civil aviation authority, the LBA, and the Ministry of Transport have approved seven Etihad Airways schedules, including all of its code shares with Air Berlin, on the basis of the Air Services Agreement signed by the UAE and Germany in March 1994 and the Agreed Minutes and Revised Route Schedule signed in June 2000, said the airline. This year, however, the German government decided the bilateral agreement between the UAE and Germany did not cover Air Berlin’s code-share flights with Etihad.