CRPNPAC (Judgment) French Text [2020] EUECJ C-370/17 (02 April 2020)

CRPNPAC (Judgment) French Text [2020] EUECJ C-370/17 (02 April 2020)

Host Member State courts cannot unilaterally disregard E101 certificates for fraud unless the procedure under Article 84 bis(3) Regulation 1408/71 has been promptly triggered and the issuing institution fails to respond within a reasonable time. Only then, and with due process, can courts disregard certificates if...

Source-derived case information.

Citation
[2020] EUECJ C-370/17
Parties
Applicant: Caisse de retraite du personnel navigant professionnel de l’aéronautique civile (CRPNPAC); Respondent: Vueling Airlines SA; Applicant: Jean-Luc Poignant
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Final Judgment
Outcome
Preliminary reference answered; national courts must follow EU procedure before disregarding E101 certificates for fraud.
Legal Topics
Coordination of Social Security Systems, Fraudulent Use of E101 Certificates, Workers Posted in EU, Primacy of EU Law, Authority of Criminal Judgments Over Civil, Cooperation Between Member States
European Union Law Social Security Law Labour Law Civil Procedure Criminal Law Coordination of Social Security Systems Fraudulent Use of E101 Certificates Workers Posted in EU +3 more

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Parties

Caisse de retraite du personnel navigant professionnel de l’aéronautique civile (CRPNPAC)

Applicant

Vueling Airlines SA

Respondent

Jean-Luc Poignant

Applicant

Procedural Posture

Preliminary Reference / Final Judgment

  1. 1 Whether E101 certificates retain binding effect when obtained fraudulently and definitively established by host Member State courts
  2. 2 Whether victims of employer fraud can obtain compensation without affecting affiliation under E101 certificates
  3. 3 Whether the interpretation of CJEU in A-Rosa Flussschiff applies to cases of fraudulent E101 certificates under Article 14(1)(a)

Ratio Decidendi

Host Member State courts cannot unilaterally disregard E101 certificates for fraud unless the procedure under Article 84 bis(3) Regulation 1408/71 has been promptly triggered and the issuing institution fails to respond within a reasonable time. Only then, and with due process, can courts disregard certificates if fraud is established. Victims may seek compensation, but affiliation under E101 remains unless certificates are withdrawn. National courts must ensure EU law primacy and cannot rely solely on criminal judgments incompatible with EU law to award civil damages.

Court Disposition

Preliminary reference answered; national courts must follow EU procedure before disregarding E101 certificates for fraud.

Orders

  • Host Member State courts must trigger Article 84 bis(3) procedure before disregarding E101 certificates.
  • Victims may seek compensation for employer fraud, but affiliation under E101 remains unless certificates are withdrawn.