Ukrainian Airline Wins with Arzinger in German Court
Airline Windrose has finally won a 4 year litigation process legally supported in all instances by its attorney, Senior Partner at Arzinger Law Office Wolfram Rehbock.
In 2010 Wind Rose claimed payment for rendered services from the Germany-based defendant. The defendant argued that it is not the correct defendant in the case (lacking capacity to be made a defendant), that the disputed guaranty amount (minimum turnover) is not a subject of the agreement, that the flying program has been carried out with deficiencies und that the claimant had no license from the German air traffic authorities. The claimant succeeded in proving otherwise. The first instance decided to award the claimant nearly the whole claimed amount of EUR 427,000.
The defendant appealed against the judgment. The claimant filed cross appeal and claimed the interest amount which was not awarded by the first instance. The appeal was not successful but the cross appeal has been satisfied. At the moment of the last oral hearing the claimed interest has accrued at the amount of EUR 70.000. Therefore, the claimant, Wind Rose, has secured a payment of approximately EUR 500.000.