Neuilly-sur-seine, september 18th, 2018,
Ryanair: as expected, France’s highest court, the Court of Cassation, has followed ECJ case law and remanded Ryanair to the Paris Court of Appeals.
Ryanair: as expected, France’s highest court, the Court of Cassation, has followed ECJ case law and remanded Ryanair to the Paris Court of Appeals for a new trial.
The trial judges will be asked to determine whether the requirements recently established by the ECJ for disregarding an E101/A1 certificate on grounds of fraud have been met in order to find Ryanair guilty of concealed labor and concealment of business activities in France.
This Court of Cassation ruling, which France’s Retirement Pension Fund for Professional Air Crew in Civil Aviation had been anticipating, was met with no surprise.
It is consistent with the principle established by the EU Court of Justice on February 6, 2018, in a ruling largely welcomed by CRPNPAC insofar as it sets aside the doctrine of conclusive presumption of legality for certificates of “posting.”
CRPNPAC’s chairman Michel Janot has just made the following statement: “This ruling by the Court of Cassation comes as no surprise; it is what CRPNPAC had been anticipating since the ECJ ruling of February 6, 2018, which greatly facilitates efforts to combat posting certificate fraud. We have no doubt that the Paris Court of Appeals, which will now be hearing the matter, will use the method set forth by the ECJ in 2018 to set aside the posting forms produced by RyanAir and thus uphold the company’s conviction.”
This ruling marks the end of a long-running legal battle between Ryanair and France’s Retirement Pension Fund for Professional Air Crew Members in Civil Aviation, and puts a definitive stop to Ryanair’s employment policy.
Yves Deshayes: Administrator and member of the CRPNPAC bureau: 06.31.06.06.98 ;
Sandrine Johnson: CRPN’s Executive Vice President in charge of CRPNPAC’s legal and institutional affairs: 01.41.92.25 25