The LuftSiG is, among other things, a consequence of the attacks of September 11, 2001 in New York. The LuftSiG regulates measures that are intended to prevent security risks / attacks in relation to air traffic.
If - within the framework of the official information - doubts arise as to the reliability of the applicant, the aviation supervisory authority is also entitled to obtain information from the criminal prosecution authorities. This also applies to ongoing proceedings or suspensions that are not entered in the Federal Central Register.
This can represent a considerable hurdle for a positive background check.
The aviation security authority evaluates the reliability of the person concerned on the basis of an overall assessment of the individual case. According to the law, the required reliability is generally lacking if
However, a conviction below the threshold of 60 daily sentences is also relevant for the reliability check § 7 I a S.3 LuftSiG:
In the case of other convictions or the existence of other findings, it must be examined by way of the overall assessment pursuant to sentence 1 whether this gives rise to doubts about the reliability of the person concerned with regard to the safety of air traffic. Other information may include, in particular
Thus, an overall prognosis is always made. In particular, the item "ongoing or discontinued pre-trial proceedings" allows for a wide margin in this regard.
The problem here is that, from a purely criminal law perspective, e.g. the discontinuation of proceedings pursuant to Section 153a of the German Code of Criminal Procedure (StPO) is considered a success. Under aviation security law, however, there may already be doubts about the reliability.
It is therefore urgently recommended that you always bear this in mind. In particular, if you seek legal advice, you should emphatically point out to the advising lawyer that you are dependent on a positive reliability check within the meaning of § 7 LuftSiG.